Can I Pursue an Uncontested Divorce if My Spouse Was Abusive?
Uncontested divorce offers a number of benefits over traditional, litigated divorce. Filing an uncontested divorce can function as a sort of shortcut. It often takes much less time than a contested divorce. Waiting for court dates and compiling evidence can be time-consuming and may delay your divorce for a long period of time. You would also most likely need to face your spouse in court and answer their attorney’s questions. This process can be stressful, and keep you feeling trapped in a marriage you no longer want to be in. Guarding your mental health while you are in the process of escaping an abusive marriage is very important. Contrary to popular belief, you may be able to file an uncontested divorce without ever coming face-to-face with your abusive spouse.
In many cases, an experienced divorce attorney can help spouses resolve the issues in their divorce case without bringing the spouses together. There are options for negotiating a divorce settlement that do not involve spending time around the mediation table with your spouse. Our lawyers can help you explore your options.
Attorney-Driven Negotiation and Divorce in Will County
While many uncontested divorces are settled through mediation, this may not be the most practical solution for those leaving abusive marriages. You likely do not want to spend any more time around your abuser. One option for resolving a divorce without directly communicating with your spouse is through attorney-facilitated negotiation. In attorney-facilitated negotiation, each of you will communicate your wishes and needs to your respective attorneys. Your attorneys will then negotiate with each other in the hopes of reaching a settlement that both parties will agree to. Your attorney will be primarily focused on guarding your legal rights during the divorce, and in working to ensure that your needs are met.
Your attorney will act as a go-between between you and your spouse’s attorney. You will generally not need to speak directly with your spouse’s attorney or your spouse at any point, unless you are required to appear to finalize your divorce.
What if Negotiation Fails?
There is always the chance that your spouse will refuse to cooperate during negotiations. They may be unwilling to make any type of compromise, hoping to draw out the divorce or leave you without your fair share of the marital assets. In these situations, it is likely that your case will need to go to court. Our attorneys are well-prepared to litigate your divorce if that is what it takes to see that you are treated fairly and will have your needs met.
Contact a Joliet Divorce Attorney
Reeder & Brown, P.C. is experienced in helping spouses resolve their divorce through attorney-facilitated negotiation wherever possible. To arrange a complimentary consultation with one of our Joliet divorce lawyers, contact us at 815-885-5980.
Source:
https://www.equitablemediation.com/blog/divorce-options#lawyers
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From our office in Joliet, Illinois we serve the communities of Plainfield, Lockport, Crest Hill, New Lenox, Mokena, Romeoville, Homer Glen, Bolingbrook, Naperville, Aurora and Will County.
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