Yes, a contested divorce can be converted to an uncontested one if both parties come to an agreement during the process. This often happens through negotiation, mediation, or other collaborative efforts.
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In-Depth Explanation
While a contested divorce begins with unresolved disputes, it can transition to an uncontested divorce if the spouses agree on key issues like property division, spousal support, or child custody. Once an agreement is reached, the case no longer requires the court to intervene in those matters, streamlining the process.
In Illinois, this shift is common as spouses often prefer to avoid the time, expense, and emotional toll of litigation. The court still reviews and approves the final agreement to ensure it complies with Illinois law.
Example: A couple initially disagrees on child custody but, through mediation, reaches a shared parenting agreement. The divorce then proceeds as uncontested, requiring only one court hearing for approval.
Steps or Processes
- Start as Contested:
- File for divorce, and begin negotiations on unresolved issues.
- Engage in Mediation or Negotiation:
- Use mediation or collaborative methods to resolve disputes.
- Reach an Agreement:
- Document all agreed-upon terms for the court’s review.
- Submit the Agreement:
- File the settlement agreement and request the court to proceed as uncontested.
- Finalize the Divorce:
- Attend a brief court hearing to approve the agreement and issue the divorce decree.
How Attorneys Can Help
Attorneys are invaluable in converting contested divorces to uncontested ones by:
- Facilitating productive negotiations.
- Drafting comprehensive agreements that meet Illinois legal standards.
- Representing clients in court to finalize the divorce efficiently.
What’s Next?
If you’re navigating a contested divorce and want to explore converting it to an uncontested process, call (630) 366-1760 to speak with an attorney today.
Important Disclaimer
This website is not a law firm and provides general informational content. For personalized legal advice, consult with a qualified attorney.
