Should We File for an Uncontested Divorce? 

 Posted on December 16, 2022 in Divorce

The divorce rate in Illinois and across the nation is continuing to drop, and couples who do get divorced are generally doing so more deliberately than past generations. Because many Millennials and Gen Zers grew up watching their parents fight their way through miserable divorces and custody battles, these generations have shifted their focus to finding a more peaceful divorce process whenever possible. 

An uncontested divorce is one way that couples who want to get divorced can reach an agreement on important issues like property division, spousal support, and a parenting plan. However, even if you are sure you and your spouse agree on everything, it is important to work with an attorney to make sure your proposed agreement is both fair and within the bounds of the law. 

Who is Eligible for an Uncontested Divorce? 

There are only two conditions to be eligible for an uncontested divorce in Illinois: You both need to agree on all the divorce issues, and at least one of you needs to meet the state divorce residency requirements (living or being stationed in Illinois for at least 90 days, or 180 if you have minor children). There is no waiting period for an uncontested divorce. 

It is important to note the differences between an uncontested divorce and a joint simplified dissolution, because the two are not the same. Anyone who meets the above two criteria can get an uncontested divorce, but to get a joint simplified dissolution, you need to meet the same criteria and have been married for less than eight years, not have any children, not be pregnant, meet certain income limits, and not own any real estate. 

Do We Need an Attorney for an Uncontested Divorce? 

Although one of the benefits of an uncontested divorce is saving the time and money of extended negotiations or courtroom litigation, it is a mistake for most couples to pursue an uncontested divorce without the advice of an attorney. Both spouses should have their own lawyers who will help them ensure the agreement is fair, to their advantage (even if it is relatively equal), and protects their future interests. 

It is also important to know that spouses who start off wanting an uncontested divorce do not always stay that way, even with the best intentions. Emotions are usually running high and the process of dividing something like parenting time can cause spouses to run into disagreements that they cannot overcome on their own. Be prepared for any eventuality, and know that even if you try to pursue an uncontested divorce and are ultimately not able to, you are still very normal and capable of finishing the divorce process. 

Meet with a Kane County, IL Uncontested Divorce Lawyer

If you and your spouse have agreed to try for an uncontested divorce, congratulations - you are likely to save yourselves extensive time, money, and emotional labor. Make sure you avoid time-consuming mistakes by having the counsel of an experienced St. Charles, IL divorce attorney who is committed to helping you pursue the divorce strategy you prefer. Call Goostree Law Group today at 630-584-4800 to schedule a free consultation. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=5200000&SeqEnd=6000000