Uncontested Divorce Attorneys
Do you and your spouse just want a quick and relatively painless end to your marriage? Do you agree on how to divide your property and time with your children? Do you agree with the payments of support? If you answered yes to these questions, you may be eligible to file for an uncontested divorce in Illinois.
An uncontested divorce is a divorce decree that neither of the parties involved fights. In an uncontested divorce, there are no longer any financial disputes over custody or spousal support and both couples are ready to move on with their lives. Uncontested divorces are beneficial to both parties because they save time and money due to their streamlined court procedures.
However, not all uncontested divorces start out that way. You may initially need help negotiating through complex divorce matters, such as spousal support, child support, custody, and parenting time plans. For these reasons, it is beneficial to have an experienced Barrington divorce attorney on your side advocating for your rights. Your attorney can make sure the division of marital property is fair and file for your divorce in accordance with Illinois law.
Who is Eligible for an Uncontested Divorce?
Illinois is a no-fault state. That means that anyone can file for a divorce under the grounds of irreconcilable differences. Any couple that has reached an agreement regarding the basic divorce issues can file for an uncontested divorce. However, in Illinois, either you or your spouse must have lived in Illinois for a minimum of 90 days prior to starting the divorce proceedings.
Uncontested divorces start out similarly to contested divorces. Either you or your spouse must file for divorce. Then you both must come to an agreement regarding the major divorce issues. Prior to the trial, if you can reach an agreement regarding alimony, custody, parenting rights, and property division, then the divorce will proceed as an uncontested divorce. If you cannot reach an agreement, the divorce will proceed as a contested divorce.
How to File for an Uncontested Divorce in Illinois
Once you have determined that you are eligible to file for divorce, filing for divorce in Illinois is easy with the help of an experienced Barrington divorce attorney. Your attorney will file all the proper forms and ensure that you meet all deadlines. In general, the uncontested divorce process follows these steps:
Fill Out the Divorce Forms
The first step in the uncontested divorce process is to fill out the necessary forms. In Illinois, you need to fill out a “petition for dissolution of marriage” form. If you have children, there are other forms you must fill out as well. You can find these forms on the Illinois court website. However, your divorce lawyer will know which forms you must fill out to start the divorce process.
To fill out the forms properly, you will need to gather the right information. This often means finding marriage certificates and compiling lists of property, debts, and accounts owned jointly and separately. This part of the divorce process is tedious but necessary to fill out the forms properly.
File the Divorce Forms
Once you and your attorney have filled out the forms, your attorney will file them with the clerk of the court in your county. The clerk will then assign a judge, summons date, and a case number to your divorce. You and your ex must appear before the court on the date of your summons before obtaining a divorce.
Serve Your Spouse
Once you file your divorce forms, you can serve your spouse in several different ways. You can have the local sheriff serve them or you can send the divorce papers in the mail. You must file a certificate of mailing to confirm that you mailed them. If you cannot locate your spouse, there are ways you can still serve them. Your attorney will need to show the court that your spouse is unavailable and not located. Your spouse then has 30 days to file their response.
Make Financial Disclosures
Getting an uncontested divorce in many counties in Illinois requires full disclosure regarding the property owned, as well as the debts accrued. Both you and your spouse must separately list your assets, income, bills, debts, and other financial information. This information will help the courts determine the division of property and the requirements for support payments.
Benefits and Disadvantages of Uncontested Divorces in Illinois
There are numerous benefits and disadvantages to uncontested divorces in Illinois. Your divorce attorney can review these with you to help you choose the legal path that is best for you.
Benefits of Uncontested Divorce
- Significant cost savings
- Quicker divorce
- Fewer court proceedings
- Lower levels of conflict between you and your spouse
Disadvantages of Uncontested Divorce
- Not ideal for complex custody or spousal support arrangements
- Not ideal for large estates with high levels of property to distribute
- May not be available for all couples
Contact Our Barrington Uncontested Divorce Attorneys
If you are considering a divorce in Illinois, it is important to have someone on your side to protect your rights and your future. Even if you believe that your divorce will go smoothly, issues often arise during the legal process. At Manassa Bojczuk, P.C., our Barrington divorce attorneys can help you arrive at an agreement that is best for you, your children, and your future.
To learn more about divorce, child custody, or parental rights, contact us immediately. Call Manassa Bojczuk, P.C. at (866) 390-0672 or fill out our confidential contact form for a free consultation with one of our experienced and compassionate Barrington divorce lawyers. We are proud to serve clients at both our Crystal Lake and Barrington offices. Call today!