WHAT IS A NON-CONTESTED DIVORCE?

Generally, a divorce can be either contested or non-contested.  In a non-contested divorce, all of the issues such as maintenance, child support and custody, and asset division have been agreed upon by the parties, meaning there are no outstanding issues to be settled by the court.  This generally allows the case to proceed and conclude easier and quicker, thereby reducing the attorney's fees and expenses for the parties.  Obviously, in a contested divorce, there are some outstanding issues that must be decided by a judge because the parties could not reach an agreement.  These cases will take much longer, require more time, and therefore, be more expensive for everybody involved. 

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CAN A GRANDPARENT OBTAIN VISITIATION OF THEIR GRANDCHILD?

Yes, grandparents can obtain visitation of their grandchildren. Under Illinois law, visitation as a grandparent is a privilege, not a right, and the grandparent has the burden of proof in all cases. In cases where the parents of the child are divorced, separated, incarcerated, etc., it will be easier for the petitioner to satisfy the requirements of the statute. In a case where a grandparent is attempting to obtain custody, the court will review a number of factors in order to determine if custody is in the best interests of the child, such as the child's preferences, the preexisting relationship between the child and grandparent, whether the grandparent has been responsible for the child before, etc. Please contact one of our family law attorneys for additional information.

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