What’s the difference between an uncontested divorce and a contested divorce? The short answer is a lot of time and a lot of money. In this article I discuss the differences in more detail. So if you want a fast and affordable uncontested divorce in Illinois, but your spouse is leaning the other way, you might want to bring up the following points.
Uncontested divorce is Affordable
Uncontested divorce is Affordable, both fighting in your divorce is not. Even rich people have a hard time paying for the cost of fighting about divorce in court.
Because an uncontested divorce involves a fairly predictable amount of work, attorneys can offer a flat fee. As an uncontested divorce lawyer in Illinois, I offer a flat fee for uncontested divorce. That flat fee covers my work, and the court fees for both parties.
For an uncontested divorce, certain documents are necessary. But you only need to appear in court once.
Because the divorce is by agreement comma much less work is needed then in a case that has litigated. A litigated case has an unlimited cost. And like I mentioned, and uncontested divorce can be for a flat fee while using a lawyer.
Uncontested divorce is quicker
With an uncontested divorce comma there is only one trip to court with the process I use. That’s much different than a contested case. For example, with a contested case, there maybe 426 appearances in court without anything substance is having happened. Or maybe more. So just think about that. In a contested case retain a lawyer to go back to court without anything happening most of the time.
Uncontested divorce is less disruptive
In an uncontested divorce, there is only one trip to court with the process I use. That’s why it is so fast and affordable. That’s much different than a contested case with people fighting in court.
When people fight, there are many more Court appearances. In fact the exact number is completely unpredictable. For some of those, the parties themselves have to come to court. And it’s impossible to tell how many times the parties themselves will have to come to court because it is impossible to determine what exactly is going to happen in a litigated case.
Sometimes, coming to court causes people major problems with the job. For example, I can’t get a real day off work so they have to take a sick day. Or, they don’t have any paid time off so they simply are losing money just by coming to court in addition to having to pay their lawyer.
Some people even get fired because they have to miss too much work due to having to come to court and deal with other problems with their cases.
Children benefit from uncontested divorce
Most people realize that divorce can be stressful for kids. Then again, parents staying married that don’t get along can also be stressful.
But one thing for sure is that a hotly contested divorce is much more stressful for kids, especially young kids, then an uncontested divorce.
Keep in mind, and uncontested divorce is one by agreement. It’s fast and affordable instead of long and expensive.
What people may not realize is that in a contested case children sometimes get involved. For example, the court might appoint a lawyer to represent the kids. If that happens, the lawyer has to speak with the kids, and meet with them. That creates involvement with the case that the kids would probably prefer not to have have.
Also, it is fairly common for the court to order a custody evaluation. That is what a psychologist will evaluate the whole family after meeting with them. The psychologist might meet privately with the children. The children be talking about their lives, about each parent, and many other topics having to do with the lives of the parents and the kids. Sometimes, that in itself is very stressful to kids.
Getting to Yes
As an uncontested divorce lawyer in Illinois, I handle dozens of uncontested divorces each year. What I often find is that one of the spouses understands the benefits of an uncontested divorce, and the other doesn’t.
That’s as particularly unfortunate situation considering how much more affordable and faster a divorce works when it’s by agreement.
Sometimes one of the spouses thinks fighting in court is acceptable simply because he or she doesn’t understand what will truly happen. For example, the person who is against divorce by agreement will greatly underestimate the time and cost associated with fighting in court.
When this happens it can be useful to point out how much it truly costs to fight about a case in court. If people fight, it’s very likely that ten thousand dollars can be spent with almost nothing happening. Further, the divorce can easily take longer than a year.
Who wants to do that? Not most poeple.