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Posted on in Divorce

Kane County divorce lawyersAn amicable divorce can be challenging, but rewarding. Achieving an amicable divorce, though, is hard work and requires the skill of an experienced divorce attorney in Kane County who can protect your rights throughout the process. If you are seeking an amicable divorce or interested in learning more about amicable divorces, one of our attorneys in Illinois can help.

What is Considered an Amicable Divorce?

An amicable divorce involves willingness to put aside existing animosity in an effort to find workable solutions to areas of disagreement related to equitably dividing assets and debt responsibility, establishing child or spousal support, and developing a parenting plan. This process typically involves the use of negotiation and alternative dispute resolution methods, like arbitration, mediation and collaborative law.

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Posted on in Divorce

b2ap3_thumbnail_uncontested-divorce.jpgAn uncontested divorce is a divorce wherein the spouses agree on all key proponents of their divorce settlement before they file to end their marriage. These proponents include:

  • Spousal maintenance;
  • The division of their marital property; and
  • All other disputes regarding the marriage.

The couple may determine their own child custody agreement, but this is subject to court intervention if the court deems it to not be in the child's best interest. The court has greater influence in determining an appropriate child support amount than it does over determining a child custody agreement.    

If you and your spouse have an amicable relationship and have already worked out a mutually-satisfying divorce plan, you might be candidates for an uncontested divorce. By cutting out the lawyer meetings and hearings associated with a traditional, or contested, divorce, you can save yourselves considerable amounts of time and money.

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Posted on in Divorce

 Illinois Marriage and Dissolution of Marriage Act, Illinois divorce lawyer, DuPage County family law attorney, 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.

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