What Is an Uncontested Divorce?

 Posted on July 12, 2015 in Divorce

An 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.

Joint Simplified Dissolution

Some divorcing couples qualify for a joint simplified dissolution, which is a quick, inexpensive form of an uncontested divorce. This type of divorce is allowed by the Illinois Marriage and Dissolution of Marriage Act. To qualify, a couple must meet all of the following requirements:

• The couple must not have children and the wife may not be pregnant at the time of the divorce;
• The couple must fill out all of their divorce paperwork together;
• The couple must have resided in Illinois for at least 90 days prior to filing for their divorce;
• The couple must have been married for less than eight years;
• The couple must be living apart for six months or longer prior to filing the divorce;
• The couple must go to court together for their final divorce hearing;
• The couple must not own a house together;
• The couple's jointly-held assets' value may not exceed $10,000;
• Both parties must waive their right to seek spousal maintenance;
• Neither party may have a gross income of $20,000 or more annually and the couple may not have a combined income of more than $35,000 annually; and
• The couple must agree that their marriage is over due to irreconcilable differences, which means that there is no specific reason for their divorce but rather the gradual degradation of their relationship to the point that they can not function together as a married couple.   

If you meet all of these requirements, you may file for a joint simplified dissolution. 

Divorce Attorneys in Kane County

To determine whether you are a candidate for a joint simplified dissolution or whether an uncontested divorce is right for you, call Goostree Law Group at 630-584-4800 today to discuss your case with a skilled Kane County family attorney at our firm during your initial legal consultation. Let us help you to determine the right type of divorce for you and your spouse and guide you through this often difficult process.