Why Hire A Divorce Attorney In A Contested Divorce? 

 Posted on April 04, 2025 in Illinois Divorce

 In Illinois, a contested divorce is when the spouses cannot agree on vital issues, such as child support, child custody, parenting time, and property division. Unlike an uncontested divorce, where the spouses agree on all terms, a contested divorce usually entails a complicated and longer legal process. If you face a contested divorce, hiring a seasoned Illinois divorce attorney is critical for avoiding legal mistakes and obtaining a fair legal outcome.

Misunderstanding Legal Procedures

A substantial risk of not hiring a divorce attorney in a contested divorce is potentially misunderstanding legal procedures. The family court requires detailed paperwork, such as a Petition for Dissolution of Marriage, financial affidavits, and a parenting plan proposal if there are children in the marriage. Filing these legal documents incorrectly or missing deadlines can delay the divorce and sabotage your case. Without an attorney’s guidance, you may also fail to serve the other party with divorce documents or respond correctly to their divorce filings.

Unfair Property Division

Arguing over asset and debt division is a common problem in divorces. Illinois has an "equitable distribution" rule, which means marital property and debt are divided fairly, but not necessarily equally. Without a divorce attorney, you may not understand marital and non-marital property. You might be unaware of what evidence can prove that certain assets, such as a retirement account or real estate, belong to you alone. Not having legal representation for property division could lead to losing valuable marital assets and potentially being saddled with more than your fair share of marital debt.

Parenting Time Disputes

Child-related issues are another emotional challenge in a contested divorce. Disputes over parenting time and parental responsibilities are common in contested divorces. Illinois law prioritizes the best interests of the children. Still, without a divorce lawyer, you could struggle to explain your legal position or know how to counter your spouse’s arguments effectively. For instance, you may not understand the critical evidence you could present to show your involvement in your children’s lives, or you may not negotiate a fair parenting plan that gives you enough time with your kids.

Long-Term Consequences

Remember that the decisions in your contested divorce on spousal maintenance, property division, and child custody are usually final. Limited options for appeal exist unless there is strong evidence of error or fraud. Without a skilled attorney to look for issues, such as your spouse hiding assets, undervalued property, or incorrect alimony calculations, you could face financial challenges for years or have limited access to your children. Going it alone legally in a divorce might seem like a cost-saving measure, but that choice backfires when mistakes lead to lengthy litigation or an unfavorable divorce decree.

Contact s St. Charles, IL Divorce Attorney Now 

A contested divorce is emotionally painful and exhausting. At such a difficult time, you need a highly experienced Kane County, IL divorce lawyer from Weiler & Associates, Inc. fighting for your rights. A contested divorce is not a time to attempt the DIY route, which could cost you dearly. Contact us at 630-331-9110 to schedule a legal consultation so we can discuss your situation. Attorney Weiler is a Certified Financial Litigator with years of experience helping resolve divorce issues, including property division, child support, and spousal maintenance.