Uncontested Divorce Is an Option in Illinois

 Posted on November 04, 2014 in Divorce

For some spouses in Illinois, uncontested divorce is an option. Sometimes referred to as a “simple” divorce, this legal end to a marriage may be considered when the divorce process will not feature disputes or negotiations. In some cases, this absence of argumentation is the result of a lack of any children or financial assets to fight over. Other times, an agreement has already been reached regarding children-related issues such as custody. If either scenario is applicable, an uncontested divorce may be executed by an experienced Illinois family law attorney. While not an option for all divorcing spouses, for those fitting the criteria, uncontested divorce can be a faster, more affordable, and less contentious way to bring a marriage to an end.

Uncontested Divorce Is Governed by the Illinois Marriage and Dissolution of Marriage Act

As with all forms of divorce in Illinois, uncontested divorce is governed by the Illinois Marriage and Dissolution of Marriage Act. One of the benefits of uncontested divorce is that, by reaching an agreement on a divorce settlement, spouses may bypass the requirement of having to attend a hearing before a judge. In place of this proceeding, the couple files a divorce petition, negotiates a settlement agreement, and then submits the agreement to the court for approval. If the court approves of the agreement, it will confirm the agreement and terminate the marriage.

Even in an Uncontested Divorce, an Attorney Will Be Beneficial

With procedures for an uncontested divorce being so streamlined, one might wonder why a divorce attorney would be needed at all. There are, however, issues a divorcing couple might simply have neglected to consider. Going through with a divorce without having considered these issues can lead to difficult-to-resolve post-divorce disputes. With an experienced Illinois divorce attorney in the picture, divorcing spouses can rest assured that no potential issues will be left unexplored. For example, in accordance with the principle of equitable distribution on which Illinois divorce law rests, both debts and assets and divided between divorcing spouses. Were a couple to reach an agreement about only their assets, and not their debts, very problematic outcomes could result.

Additionally, a skilled Illinois divorce attorney will also ensure that you and your spouse obtain a divorce in the proper county. Not every county will do; spouses must divorce in a county in which at least one spouse lives. Furthermore, an attorney can also be of assistance in negotiating the terms of the settlement agreement to be submitted to the court for approval.

Finally, at such a major juncture in life and with so much at stake, there is no room for error. A skilled and experienced Illinois divorce attorney will guide you through every stage of the uncontested divorce process, leaving nothing to chance and ensuring that your settlement agreement includes every last detail. Be secure in moving forward into the future, and reach out to an experienced St.Charles family law attorney today.