Lake County Uncontested Divorce Attorney
If you and your spouse are considering filing for divorce in Illinois, but are maintaining an amicable relationship or otherwise able to reach an agreement on all aspects of the divorce, an uncontested divorce might be the best option to dissolve your marriage. Successfully navigating an uncontested divorce will require both spouses to communicate and cooperate to reach agreements about all important marital issues. This is especially important if you have children or you’ve acquired extensive property together. A skilled Lake County uncontested divorce attorney at Manassa Law, P.C. can help you through this complicated process.
A divorce can be the first step towards a fresh start and starting a new chapter in your life. If each of you can remain reasonable and avoid acrimonious situations, your marriage dissolution may be finalized more quickly with less expense and fewer headaches. It would provide you and your ex-spouse a solid foundation for the next phase of your relationship and help you maintain a better ongoing relationship with your ex-spouse.
By pursuing an uncontested divorce, you and your spouse maintain full control over the decisions that will dictate the next phases of your lives. Once you and your spouse are no longer on the same page or are no longer willing to cooperate and/or communicate about important marital issues, you and your spouse relinquish control of making decisions for your futures. Instead, you would be allowing a Judge to make life altering decisions for you, your spouse, you’re your children.
Table of contents
- Trust Manassa Law PC to Take Care of Your Illinois Uncontested Divorce Needs
- Do I Need a Lawyer for an Uncontested Divorce in Illinois?
- How is an Uncontested Divorce Different From a Joint Simplified Dissolution in Illinois?
- What is the Uncontested Divorce Process and Timeline?
- Contact the Illinois Uncontested Divorce Lawyers at Manassa Law to Learn More
Trust Manassa Law PC to Take Care of Your Illinois Uncontested Divorce Needs
Even if you and your spouse can agree on all divorce matters, you still need to understand how Illinois’ uncontested divorce laws work. At Manassa Law, P.C., our skilled divorce attorneys have extensive experience helping our clients navigate the intricacies of an uncontested dissolution and to move on with the next step of their lives after their divorce is finalized.
We’re here to support you through one of life’s toughest challenges. We can help you reach amicable resolutions, where possible. Our compassionate legal team will prioritize safeguarding your rights and well-being every step of the way. We would explain what a favorable agreement should look like and suggest creative ways to resolve potential disputes to pave the way to finalizing the divorce in a non-adversarial way.
With over thirty years of experience, we understand the importance of maintaining positive relationships with your ex-spouse and children, even after a divorce. When spouses no longer wish to remain married, we can help you create the emotionally and physically thriving environment to continue a respectful relationship with your spouse.
Our skilled divorce law attorneys offer many approaches to resolve your marriage. Whether through collaboration, mediation, arbitration, negotiation, or litigation, we’ll work to protect and preserve your rights while maintaining a healthy relationship with your ex.
Even with the best of intentions, dissolving marriages often result in some disputes. However, minor disputes that can be worked out with the assistance of a knowledge Manassa Law, P.C. divorce attorney, would not transform your case from an uncontested divorce to a contested divorce. At Manassa Law, P.C. we strive to preserve your relationship with your spouse by helping with minor disputes to maintain the uncontested nature of the divorce. You can rely on our professional team to provide knowledgeable legal advice and representation throughout your divorce or separation. If at any time the uncontested divorce becomes contested, we can easily switch strategy to represent you in any contested matters.
Do I Need a Lawyer for an Uncontested Divorce in Illinois?
Even in seemingly straightforward, uncontested divorces, several common issues can arise that warrant legal assistance:
1. Asset Division: A lawyer can guide an equitable distribution and help protect your financial interests.
2. Child-Related Matters: Many couples don’t realize how complicated life can be after a divorce, especially for their children. We can ensure you address the situations you may face while parenting your children throughout and after the divorce.
3. Pet Custody and Visitation: Emotions can run high when determining a fair and practical pet custody arrangement. A lawyer can help protect your time with your pet while negotiating fair custody and visitation schedules.
4. Legal Documentation: All legal documents must be correctly prepared, drafted, and filed in every divorce, even if there are no issues in dispute. An experienced, uncontested divorce attorney should prepare and review all documents, especially the marital settlement agreement and parenting plan, to avoid future disputes or complications.
5. Future Changes: Life circumstances can change unexpectedly after a divorce. Having a lawyer involved can provide peace of mind, knowing that you have legal support if you need to modify parenting arrangements, child support, or other aspects of your divorce decree.
While an uncontested divorce may seem simple, a knowledgeable lawyer can anticipate and navigate potential pitfalls and protect your rights and interests throughout the process. When you receive the advice of a skilled family lawyer, you may realize the agreement you originally thought was fair and reasonable does not protect your interests. Let the dedicated divorce attorneys at Manassa Law, P.C. protect you, even during an uncontested situation.
How is an Uncontested Divorce Different From a Joint Simplified Dissolution in Illinois?
In Illinois, an uncontested divorce differs from a Joint Simplified Dissolution in many ways. While both processes can offer a streamlined process for couples, they involve different specific criteria.
In every form of divorce, the spouse who files for dissolution must meet Illinois residency requirements, prepare and file a Petition for Dissolution, serve the Petition and a Summons on the other spouse, pay filing fees, and more. Eventually, a final Judgment of Dissolution must be prepared and entered, incorporating a Marital Settlement Agreement and a Parenting Agreement, if children are involved.
Requirements for an Uncontested Divorce in Illinois
This form of dissolution may involve complicated legal issues such as child parenting matters, complex asset division or distributions, extensive debt allocations, spousal maintenance, and other matters. The key is the parties must agree on how these issues will be resolved.
A case may begin as an uncontested divorce if you and your spouse believe you can agree on all issues. However, disputes can arise as the case proceeds. If this happens, it’s crucial to understand the law and your rights. Also, agreements can break down when emotions run high or other factors intervene (such as a new romantic relationship). Then, the divorce becomes cnontested, and having a tenacious family law attorney on your side becomes even more important.
Requirements for a Joint Simplified Dissolution in Illinois
Illinois legislators have created a process to help certain couples quickly and efficiently dissolve their marriage, but only under specific circumstances. A Joint Simplified Dissolution is available in limited cases where very few issues must be resolved.
The specific requirements of a Joint Simplified Dissolution include:
Duration: The marriage or civil union cannot be longer than eight years.
No Children: The Joint Simplified option is only available to couples without mutual children.
Residency: At least one spouse must have lived in Illinois for at least 90 days before filing for divorce.
Agreement on the Grounds for Divorce: The parties must agree on all terms of the divorce, specifically including an agreement on the legal grounds or the reason why the court should allow a divorce. Illinois is a no-fault divorce state, meaning neither spouse must prove fault or wrongdoing to obtain a divorce. In a Joint Simplified divorce, the parties usually agree on the grounds of irreconcilable differences.
Limitation on Property: To be eligible for a joint simplified dissolution, the parties must meet the following criteria regarding property:
● Neither party can own any real estate;
● The total value of any other marital property, minus debts, must be less than $50,000;
● The parties cannot hold any retirement benefits jointly with the other. The combined value of any benefits either party holds must be less than $10,000;
● The parties must agree how to divide all property obtained during the marriage worth more than $100.
● There must be an agreement to divide all debts incurred during the marriage
● The parties agree on how to divide ownership and responsibilities of any pets acquired during the marriage.
Income Limitations: The spouses individually cannot make more than $30,000 per year before taxes. Combined, the spouses cannot make more than $60,000 per year before taxes. Additionally, neither spouse can seek spousal support from the other. Both parties must agree to waive the right to support after the divorce.
Documentation and Forms: Couples filing for a simplified divorce in Illinois must complete and submit various legal forms, including a Petition for Simplified Dissolution of Marriage and a Marital Settlement Agreement.
What is the Uncontested Divorce Process and Timeline?
Navigating through an uncontested divorce in Illinois involves a structured process with a fairly predictable timeline.
Here’s a brief overview:
1. Filing Initial Paperwork: The process begins with filing the necessary paperwork with the county court where at least one spouse resides, including the Petition for Dissolution of Marriage.
2. Negotiation and Agreement: Spouses negotiate and reach agreements on all critical issues that must be included in the Marital Settlement Agreement. This phase can take varying amounts of time depending on the complexity of the problems and the level of cooperation between spouses. Once you have reached an agreement on all issues, a Manassa Law, P.C. attorney can quickly draft the Marital Settlement Agreement and Parenting Plan, if minor children are involved, and begin circulating it between the parties for their review, revisions, and/or approval.
3. Finalizing the Divorce Decree: Once you reach an agreement, the final step is to attend a court hearing to finalize the divorce. The judge reviews the paperwork, ensures the agreements are fair and equitable, and then issues a divorce decree, officially ending the marriage.
While uncontested dissolutions typically proceed more quickly than contested divorces, it’s essential to be prepared for potential delays and to work diligently to resolve any outstanding issues.
Contact the Illinois Uncontested Divorce Lawyers at Manassa Law to Learn More
Our law firm offers decades of experience and the skills our clients need to resolve the most complicated divorce cases in Illinois and move forward with their lives. Even if you and your spouse have reached an agreement to end your marriage and resolve all related issues, it’s important to fully understand your legal rights and ensure you address all matters during your divorce proceedings.
Our empathetic family law attorneys can help protect your rights while encouraging a reasonable settlement, if that is the path you want to follow. We respect the sanctity of your relationship, but we will also ensure you completely understand your options before you finalize the dissolution of your marriage.
Contact us through our online contact form or call (847) 221-5511 today for your free consultation with one of our Lake County, Illinois, uncontested divorce lawyers.