Resolving Issues During a Contested Divorce in Illinois

During divorce, spouses must address and settle a wide variety of legal issues related to how they will divide the various aspects of their shared lives into two separate households. The agreement or lack thereof with regard to these important issues speaks to whether the divorce is “contested” or “uncontested.” When a divorce is contested, it is important for spouses to understand the steps they must take as they work to reach a resolution.

Addressing the Issues Which Must Be Resolved During Divorce

Whether a divorce is contested or uncontested in Illinois, the dissolution of the marriage is a formal process that begins with the filing of a Petition for Dissolution of Marriage and ends with an action by a court of law. A divorce cannot be finalized until all outstanding legal issues are resolved. With regard to a contested divorce in Illinois, the subject matter in contest (in dispute) includes some or all of the following:

• Allocation of Parental Responsibility (formerly known as Child Custody)
• Child Support
• Spousal Support
• Property Division

With regard to parental responsibility, allegations of capacity or fitness-related deficiencies may be leveled by one party, accusing the other of failing to meet their parental responsibilities …