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Divorce is sometimes a bitter and contentious legal battle, with each party fighting over every single term. It does not always have to be this way, though. In fact, in many cases, the couple is able to get through the process amicably and even co-parent their children civilly once they are apart. Although an amicable divorce is what most people strive for when they start the process, it is not the same thing as an uncontested divorce. From a legal standpoint, it is very important to understand the difference.
An uncontested divorce is one in which the couple agrees to the terms of the divorce. They are able to enter into an agreement about property division, child support, maintenance, and all other terms. In an uncontested divorce, each party enters into the agreement without needing to go through mediation or litigation.
Uncontested divorces have many benefits for couples. The process is much shorter, and much less expensive, and gives the two spouses total control over the process. However, when a couple disagrees on even one term of the case, it then becomes a contested divorce, even if it is an amicable one.
An amicable divorce can be either an uncontested divorce or a contested divorce. Still, no matter the route the couple takes, an amicable divorce is always the most ideal outcome. In an amicable divorce, the couple can simply get along throughout the process. Disputes may arise surrounding certain terms, but the couple is able to work through them while remaining civil and polite to each other until the divorce is finalized and hopefully, afterwards as well. An amicable divorce does not usually require litigation, but mediation or collaborative family law may be necessary to help the couple resolve the disputes.
Like uncontested divorces, amicable divorces do not usually take as long as other divorces, and they are less costly than cases that are contentious and require litigation. Also similar to uncontested divorces, an amicable divorce is not always possible. When one spouse suspects that their partner is unwilling to compromise and come to an agreement, it is important they take whatever steps are necessary, even if that means forfeiting the idea of an amicable divorce. No one should give up their rights or agree to an unfavorable settlement simply because they want the process to be over as soon as possible.
Whether you are getting an uncontested or contested divorce, and regardless of whether your spouse is willing to work with you, our experienced Hinsdale divorce lawyers can help with your case. At the Law Office of Martoccio & Martoccio, our skilled attorneys have the necessary experience to protect your rights and to secure the fair settlement you deserve. If you are about to get a divorce, or the process has already begun, call us today at 630-920-8855 to schedule a free consultation with one of our knowledgeable attorneys so we can get started on your case.