Can I Get an Uncontested Divorce in Illinois?

 Posted on January 11, 2021 in Divorce

Divorce does not have to be bitter and expensive. In many cases, a couple has the basic agreement worked out before the divorce is even filed. This is generally known as an uncontested divorce, and such a resolution may be possible if you and your spouse are able to work together amicably. It is a good idea, however, to ask a qualified divorce attorney to at least review your agreement before you submit it to the courts.

Advantages of Uncontested Divorce

An uncontested divorce means that the two sides have no issues to argue over. They file jointly for a divorce and ask the court to approve the agreement they have already worked out. In some cases, the agreement may need to be amended slightly to address minor details, but the spouses have agreed in principle to make it work.

The main advantages of an uncontested divorce are that the two sides save themselves time, frustration, and money by agreeing to everything in advance. While both sides should have the help of a lawyer in drafting and reviewing any agreement, the attorney fees will often be much lower than in cases with multiple court hearings and piles of legal documents drafted.

The less time a couple spends fighting, the happier both sides are likely to be with the resolution, especially when children are involved. Studies have shown that each spouse is more likely to follow the terms of the divorce settlement when they have a hand in creating it. As a result, uncontested divorces are also usually psychologically easier on both the spouses and children, and the advantages often stretch for many years into the future.

Possible Downsides

Illinois divorce law expressly encourages settlements in divorce and family law cases, but not all agreements are good agreements. If you have a manipulative or controlling spouse, attempting to pursue an uncontested divorce could leave you at a significant disadvantage. You may end up giving away far more than is wise or legally necessary.

A judge will also still have to approve any agreement made in an uncontested divorce. While judges are likely to approve most agreements, they will work hard to ensure that any arrangements involving a child are in the best interests of the child. In addition, a judge is not likely to approve any agreement that does not require a parent to pay child support.

Additionally, if an agreement is not properly drafted it could result in a different legal outcome than what the spouses thought they were agreeing to. For example, misplaced phrases could create contradictions or even render part of the agreement unenforceable. If an agreement is against public policy or has other legal problems, a judge can decide the entire agreement is void and require the parties to start over.

Contact a St. Charles Uncontested Divorce Lawyer

The best way to make sure an uncontested divorce goes as smoothly as desired is to have a family law lawyer work with you to draft and review any agreement. When both sides have lawyers, they can both feel confident that the agreement will be upheld by a judge and that their rights are protected. If you have questions about uncontested divorce, you should speak with an experienced Kane County family law attorney. Call 630-584-4800 for a free consultation at Goostree Law Group today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086