Cook County, Illinois Lawyers for Difficult Divorce Cases
Sometimes a couple agrees to end their marriage but disagrees as to why the marriage broke up. Other times, a filing spouse may assert a reason for the divorce because waiting two years for a no-fault divorce is not a viable option, for whatever reason. Other times, a filing spouse may have personal or religious reasons for a fault divorce.
At Glasgow & Olsson, we employ proven methods that bring about positive results in your unique situation. We are committed to protecting your legal and financial rights throughout the entire divorce process, and we are not satisfied with anything less than the best possible outcome.
Contested Divorce Issues
Illinois recognizes many of the same reasons for divorce as other jurisdictions employ. The grounds for divorce in The Land of Lincoln are:
- Abandonment for at least one year,
- Extreme and repeated physical or mental cruelty,
- Conviction of a felony or other "infamous crime,"
- Addiction to drugs or alcohol for at least two years, or
- Intentional transmission of a sexually transmitted disease.
The non-filing spouse can assert a number of defenses, with the goal of disproving the allegations and not stopping the divorce. Courts refuse to force people to remain married.
- Recrimination: If both spouses engaged in a certain conduct, such as an extramarital affair or addiction to alcohol, neither spouse can obtain a divorce on that ground.
- Condonation: The other spouse knew about the offending conduct, such as infidelity or waste of marital assets, forgave the behavior, and resumed the marital relationship.
- Provocation: This defense may arise if a spouse abandons the marriage to escape a violent situation, and in some similar scenarios.
Process in a Contested Divorce
Regardless of the fault alleged, most contested divorces follow the same basic process.
- Temporary Hearing: A judge makes preliminary determinations regarding child custody, child support, spousal support and other provisions. It is quite common for these orders to be entered by agreement after negotiation between the spouses.
- Discovery: Typically, divorce discovery is mostly a document exchange. Spouses may examine one another's financial and personal records, in addition to school report cards, medical reports, and other documents pertaining to the children.
- Mediation: Some judges automatically order the parties in a contested case to mediate the dispute before trial. It is not successful in all cases, but it typically is worth a try.
- Social Services Evaluation: If there is a social worker's report, many judges place a great deal of weight on its conclusions.
- Trial: If mediation and negotiation fail, the trial will be heard before a judge.
An experienced attorney can guide you through the entire divorce process. For your consultation, contact us now at (847) 577-8700. The law firm of Glasgow & Olsson serves families throughout Illinois.