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Kane County Uncontested Divorce Attorneys

St. Charles Uncontested Divorce Lawyer

Lawyers for Amicable Divorce in St. Charles, Illinois

We have resolved many cases by agreement, and we have completed uncontested divorces very quickly. We have the necessary experience to make sure the agreement you have is the agreement that ends up in a court order or uncontested divorce order. We can explain the legal terms, and explain what effect the agreed order will have. This includes divorces where all or most of the terms are agreed up front, or where the other party does not participate and is held in default. We handle every type of agreed case. We know what you want and we know what to do.

Negotiating Agreements

Many times, we help negotiate the terms of the agreement. Often agreements are reached prior to proceeding to court. We offer settlement conferences where appropriate, and we will work to resolve a legal issue before court. We also help clients respond to petitions or motions received by the other party, and often can reach an agreement. In cases where the other party is too unreasonable or will not fairly communicate or negotiate, we can proceed to court. Even then many cases are resolved with the recommendation of the court or negotiation of the attorneys. All in all, we can represent you, advise you and draft the order so that it is done right.

Should You Represent Yourself

Sometimes people try to represent themselves in court as a "pro se" litigant. Because they have not completed three years of law school, have not completed and passed the State Bar Examination and have not handled many cases in court, they rely on misinformation and make mistakes. Many times, they don't even understand the mistakes they have made until it is too late, or until the issue comes up in court months or years later. Unfortunately many of these pro se litigants had an agreement or were close to agreement, and their matter could have been handled quickly and correctly if they had just asked an attorney. Please make sure the first case you lose in court is not your own! You wouldn't operate on yourself (hopefully) because you aren't an experienced licensed doctor; you're probably not a very good attorney either. It's safer to at least ask an experienced attorney to help you.

Frequently Asked Questions

Q

What Are Some Benefits of Uncontested Divorce?

Answer: Avoiding divorce litigation is an important benefit. Mediation or negotiation may be much less costly than going to court. The process of resolving your divorce out of court may also be much faster and less stressful. If you have children, using mediation or negotiation may be easier on them as well, as it will encourage cooperation and ensure that you and your ex-spouse will be able to work together to provide for their best interests.

Q

Do My Spouse and I Have to Be Amicable for Mediation or Negotiation to Work?

Answer: In many cases, even spouses who cannot stand to be in the same room have been able to successfully resolve their divorces out of court using collaborative divorce techniques. If you are in this situation, attorney-facilitated negotiation may help you avoid coming face-to-face with your spouse while still making meaningful progress toward resolution.

Q

Is There Anyone Who Should Not Try Uncontested Divorce?

Answer: For some spouses, collaborative divorce may not work. If there was abuse in your marriage, or if your spouse has a serious mental illness or substance abuse problem, the two of you may be unable to meaningfully participate in efforts to resolve the divorce. You may also find that litigation is preferable if your spouse is dishonest about their financial situation or other important aspects of your marriage.

Q

What Types of Uncontested Divorce Can We Choose From?

Answer: There are several forms of alternative dispute resolution available for divorcing spouses. In classic mediation, you and your spouse sit down with a mediator and your respective attorneys, and the mediator aims to help you reach an agreement on each issue. Another mediation option involves keeping you and your spouse in separate rooms with your lawyers while the mediator moves back and forth, avoiding face-to-face confrontation. Your attorney and your spouse’s attorney may also be able to negotiate with each other and present possible solutions to you.

Q

What if We Try Uncontested Divorce, and it Does Not Work?

Answer: If you and your spouse attempt to resolve your divorce outside of court and find that reaching an agreement will not be possible, you always have the option of pursuing litigation. You do not give up your right to face your spouse in court by trying for an uncontested divorce.

Q

Do I Need a Lawyer if I Am Using Divorce Mediation?

Answer: It is highly advisable to be represented by an attorney during the process of an uncontested divorce. An attorney can protect your interests while you pursue an agreement. Without an attorney, you may experience a worse outcome after inadvertently conceding on an issue that you would have won had you gone to court. For example, you likely would not want to waive spousal support during mediation if you are entitled to it by law and would receive it were you to litigate the divorce. While almost no divorce is easy, using alternative dispute resolution to reach a settlement out of court can speed up the process, save you money, and offer you a higher degree of control over the outcome. If you are interested in resolving your divorce this way, it is wise to be represented by counsel.

Call us today at 630-584-4800 for a free consultation!

Please contact the divorce attorneys of Goostree Law Group at 630-584-4800 to ask a question or set up a confidential free initial consultation regarding Illinois uncontested divorce.

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