A divorce becomes contested when spouses cannot agree on one or more issues that must be resolved before the divorce can be finalized. Contested divorces can become messy and expensive, especially if the case goes to court. Whatever your goal is in your divorce, O’Flaherty Law will pursue it aggressively.
A high-conflict divorce generally involves more than a simple disagreement between you and your spouse.
Communication may have broken down significantly, disputes may repeatedly escalate, or you and your spouse may take positions that make reaching an agreement particularly difficult.
High conflict does not necessarily mean that every issue must be litigated.
Identifying the most important disputed issues early can help create a more focused strategy for resolving the case.
Disputes over whether property is marital or nonmarital, asset division, and how property and debts should be allocated.
Disagreements about where children will spend their time: weekdays, weekends, and holidays.
Issues concerning a child’s education, health, religion, and extracurricular activities.
Income calculations, additional child-related expenses, health insurance, and childcare costs.
Significant assets can create valuation and division issues requiring investigation.
Disputes whether maintenance should be awarded, for how long, and how much.
Filing a contested divorce does not automatically mean that your case will end with a judge deciding every issue.
Illinois law expressly permits spouses to resolve issues through written agreements, including matters involving property, maintenance, support, and parental responsibilities.
Even cases that begin with substantial disagreement can eventually be resolved through negotiation or other settlement efforts.
When the parties cannot resolve certain issues, the court can decide the remaining disputes.
