It can feel like you are starting over when an uncontested divorce turns contested. To make the process easier, take things one step at a time. Never hesitate to seek legal guidance. An Illinois divorce attorney can clarify your options and help you strategize.
Call Erlich Law Office at (630) 538-5331 to learn more in DuPage County.
Why Some Uncontested Divorces in Illinois Don’t Stay That Way
Many couples start a divorce with the goal of collaborating. After all, an uncontested divorce avoids litigation and reduces costs. However, once couples get into the nitty-gritty issues involved with splitting up, they tend to encounter issues thornier than they expected. Divorces also involve a lot of emotion, which complicates dispute resolution.
It takes just one issue to move a divorce from uncontested to contested. If the spouses cannot agree on, say, parenting time, alimony, or the division of assets, they may need intense mediation or a trial to resolve these issues. Common reasons Illinois divorces shift from uncontested to contested include:
- One spouse changes his or her mind after realizing the depth or nuances of an issue
- New financial information arises, perhaps due to purposeful concealment, that causes one spouse to challenge agreements
- Family members, new romantic partners, or other emotional or external influences urge one spouse to handle the divorce differently
- Changing circumstances or settling emotions prompt disagreements over parenting plans or child custody
It is easy for a person to begin the process in good faith, only to realize he or she misunderstood or did not fully understand the implications of an issue. What seems simple on the surface can quickly become tricky.
Early in the process, an issue such as how to file for divorce may be the focus, rather than contested vs. uncontested divorce and figuring out the issues. Once the filing is done, spouses may grapple with new considerations.
Common Issues That Can Turn a Divorce Contested
Understanding how and why common pressure points escalate conflicts can help you better prepare for your divorce.
Property Division
In DuPage County and the rest of Illinois, equitable distribution governs property division. This means couples should divide assets fairly and not necessarily 50/50. Couples may disagree over what is separate and marital property, or about a spouse’s contributions to a business or home purchase.
High-value assets can introduce even more complexity into a split. Disputes are common over retirement accounts and pensions, real estate, including the marital home, business interests, vehicles and personal property, and debt allocation.
An important part of an Illinois divorce checklist is identifying all assets and liabilities. If one spouse hides assets or undervalues items, the divorce may become contested.
Child Custody and Parenting Time
Both parents may agree from the start that they encourage the other to be involved in the children’s lives. However, getting into the details may lead to conflicts and reveal assumptions or biases that went unrealized until that point.
Tension or difficult emotions are likely when deciding who gets the children on weekends or holidays, or who makes medical and educational decisions. This could be the time when an uncontested divorce turns contested.
Spousal Support (Alimony)
Sometimes, a spouse waives spousal maintenance but reconsiders once he or she understands the long-term financial implications. For example, without maintenance, a lower-earning spouse may struggle to maintain his or her standard of living, especially if the spouse sacrificed career or educational advancement. In DuPage County, about half of residents have a four-year degree, compared with about 36% in Illinois as a whole.
In addition, once a final divorce decree is in hand, getting changes in spousal maintenance may be difficult. This is particularly the case if circumstances are the same and the spouse made the waiver knowingly and voluntarily. Realizing too late that outcomes are unfair, but options are limited, is one reason it is important to consult a divorce attorney before waiving anything.
Child Support
Even with state guidelines for child support, arguments can arise over a parent’s reported income or additional costs such as daycare and extracurricular activities.
Enforceability
Many disputes fall under the category of unexpected issues in divorce settlements. Often, one spouse realizes that the terms he or she agreed to are unfair or incomplete. A person might overlook or ignore the fine print until emotions rise, or legal consequences become clear. The court may agree that the terms are unclear, unenforceable, or unfair. This may lead to delays and a contested divorce.
When to Involve a Divorce Attorney in a DuPage County Dispute
Try to consult an Illinois divorce attorney as early as possible when an uncontested divorce turns contested. A lawyer can:
- Review your divorce agreement for enforceability and fairness
- Investigate for possibly hidden assets
- Negotiate with the other side to prevent full-blown litigation
- Represent your interests in court if the case goes to trial
- Follow Illinois divorce procedures, including deadlines and disclosures
You may need a divorce attorney if your spouse withdraws prior agreement or refuses to sign paperwork, you feel pressured to agree to inequitable terms, or productive communication between you and your spouse is no longer possible. Suspecting hidden assets or going through disputes about child custody, child or spousal support, or asset division are also signs you may need a lawyer.
Questions to ask a divorce lawyer include, “Can we avoid going to trial?” and “Could formal negotiations help us avoid litigation?” Ask about the lawyer’s experience with both uncontested and contested divorces and how the lawyer might de-escalate your situation.
Getting an attorney does not mean the divorce must become hostile. Legal representation actually de-escalates many situations by setting expectations and guiding productive conversations. Contact us today at Erlich Law Office for advice tailored to your situation.
