Contested vs. Uncontested Divorce
A divorce is contested when the parties fail to come to an agreement on the main proponents of a divorce. These disagreements are typically over things such as the allocation of parenting time, the amount of maintenance or child support to be paid, and the division of assets, but this list is far from exhaustive.
An uncontested divorce is when the parties came to an agreement regarding the main elements of the case.
Asset Discovery Process
In a contested divorce, is not uncommon for an attorney to be assisted by highly qualified experts who can trace bank account deposits and withdrawals, examine tax records and conduct lifestyle audits to uncover hidden assets. Some examples of hidden marital property include:
- Asset transfers
- Business assets
- Cash
- Collectibles
- Deferred income
- Safety deposit boxes
- Undisclosed accounts
Child Custody & Support
Child issues may cause a huge emotional strain during a divorce. Deciding on these issues during a contested divorce can be even more trying on family unit. Child support awards may significantly impact the financial security of parties who are subject to a divorce.
Division of Property & Debt
Divisible property is all property received after the date of separation and before the date of distribution that is acquired due to the efforts of either spouse during the marriage prior to separation. There are many different types of property that are considered during the division of property and debt in a divorce aside from just the marital home. These include the following:
- Vehicles
- Bank accounts
- Retirement funds
- Stocks
- Business interests
- Credit card points
- Debts
Spousal Support
Maintenance is a complex and highly disputed issue in divorce cases because they can have a significant impact on the individuals immediate and long term financial security. Spousal support may significantly impact the financial security of parties who are subject to a divorce.
There are three types of maintenance in the state of Illinois: (1) temporary maintenance; (2) rehabilitative maintenance; (3) permanent maintenance. Temporary maintenance can be awarded to either spouse. Rehabilitative maintenance is maintenance paid for a period of time deemed necessary to help the spouse become financially stable. Permanent maintenance tends to be awarded in cases in which one spouse has sacrificed his or her career opportunities to be a homemaker or where there is a large disparity between the spouses, but this is awarded based on certain considerations which are made by the court.
What to Expect at Trial
If no agreement is reached on particular issues in the case, a trial date will be set and the attorneys will prepare for trial. Our attorneys strive to help their clients first by assessing their goals and then by considering what the best approach would be to meet their most important goals.
It is not uncommon for clients to be fearful of various aspects of litigation, specifically as giving testimony or possible unfavorable outcomes. Our attorneys take these concerns into consideration so you can feel the most comfortable and well informed ahead of time so you are able to testify for the best of your abilities. The attorneys of Davis Friedman are able to communicate these complex legal concepts in a comprehensible way so their clients have full knowledge of what is happening and will be able to make informed decisions.