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The 3 Most Common "Types" of Divorce in Illinois

Posted by Christopher Holwell | Mar 31, 2017 | 0 Comments

Most people believe there is only one type of Divorce; each party gets a lawyer and they fight to the bitter end. Not True! Some divorces are bitter and each party will fight over just about everything but other divorces do not require this type of litigation. There are other types of divorce as you will see below.

First is the "contested divorce".The "contested divorce" is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, even with the assistance of their legal counsel (if any), they must approach a court to adjudicate their dispute.This kind of divorce tends to be the most expensive because of the amount of legal work that must be done.

Next is the "uncontested divorce"; this is where both spouses agree on all issues concerning the divorce, including but not limited to the division of marital property and debts, (parental allocation) child custody, child support, and spousal support (“maintenance”). Many times if the spouses agree they are able to proceed "pro se" or without an attorney. This can be difficult because the proper format and documents must still be submitted to the court. Attorneys can prepare these in a timely fashion and to the standards the court requires. In some instances, on one attorney may be used.

Collaborative divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation.

Our office provides free consultations by telephone or in person. During your consultation, we evaluate your individual circumstance and provide you all options that are available. Contact our office at 312-648-6115 for your free consultation.

About the Author

Christopher Holwell

Christopher W. Holwell Attorney/Principal 6 years with Holwell Group, LLC/Law Offices of Christopher W. Holwell 15 years as a trial attorney for Divorce, Real Estate, Insurance Coverage, and Injury. One of my biggest accomplishments in a divorce case was getting a multi-million dollar settlement from a spouse that was not disclosing several million dollars in assets. In addition, I was able to get the other spouse to fully fund the one child's college education as part of the settlement. Another of my biggest accomplishments in an injury case was procuring a several hundred thousand dollar settlement for my 14-year-old client who suffered a knee injury during an after school athletic program. I was able to get all interested parties to set aside funds for the client's college fund in case his athletic scholarship was affected. I am constantly attending Continuing Legal Education seminars to stay up to date on any changes in the law that might affect any of my clients. My primary areas of practice are Divorce, Family Law, Real Estate, and Insurance Litigation. Most of my clients are concerned with what to do or what not to do when the first come to see me for a consultation or appointment. Their next concern is usually financial; what are they going to do now? How are they going to survive? I tell each client, based on their unique situation, what their options are and what will happen next. I am there for them from start to finish. The best part of my job is doing the work the client is too upset to do. While I understand the emotional roller-coaster clients go through, my experience allows me to step outside the emotion point of view, and use the law and facts to benefit my clients to the best of my ability. I was born in Oak Lawn, Illinois, was raised in Bridgeview up until college and now live in Lake County, Illinois with my family (my wife and three children.) I still have family in Bridgeview, Oak Lawn, and Orland Park. A little-known fact about me is that I love astronomy and anything to do with the stars and planets. In my free time, I tend to read a lot, usually late at night and play with my children and new Newfoundland puppy, Indy (Indiana Jones) I am admitted to practice law in Illinois and all Federal Courts including the Supreme Court of the Untied States of America. I treat my clients like friends. You can reach me at: (312) 648-6115 [email protected] [email protected] Linkedin: Christopher W. Holwell Facebook: Holwell Law Group, LLC

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