Getting divorced can be a tumultuous process that can leave you feeling emotionally drained, especially if you decide to go through the divorce process alone without the help of an experienced Illinois divorce lawyer. Nobody expects their marriage to end in a divorce, but sometimes that’s the only way to find peace, not just for yourself but for your children as well. An uncontested divorce can be the most amicable way forward for both parties.
What Is an Uncontested Divorce?
When you decide that you want a divorce, there are two ways that the process can be done: Uncontested and contested. In a contested divorce, both spouses are unable to reach a mutual agreement, and the process must be decided by the Illinois court system. This is the route you don’t want to take, as it can get expensive, emotional, and personal. Regrettably, whether a divorce is contested or uncontested may not be up to you.
The other version is an uncontested divorce. This is usually the preferred method of finalizing a divorce. Neither party is trying to hurt the other. You and your spouse can reach an agreement on virtually everything, including child custody arrangements, asset division, spousal support, and child support. An uncontested divorce generally occurs between couples who have simply fallen out of love and have no personal vendetta against each other.
The Uncontested Divorce Process in Illinois
Filing for an uncontested divorce tends to be much easier than filing for a contested divorce. If you decide to handle things on your own, you will be responsible for filing all the proper paperwork in a timely manner and with the right court. You may want to seriously consider retaining an experienced divorce lawyer’s services so you do not have to worry about correctly filing the paperwork. Here is how the process unfolds:
- Filing the Paperwork: When you decide you want to file for divorce, you must file your case in the proper county’s circuit court. It needs to be the county in which you and your spouse currently live. You can find uncontested divorce forms online or through your local courthouse. If you are using a lawyer, they can help you get the proper forms. You will likely have to pay a court fee to file the paperwork.
- Serving the Papers: As a general rule, you will need to provide your spouse with notice by serving them the divorce papers through a process server or county sheriff. If your spouse is with you when you file the paperwork, you can file for a joint simplified dissolution. If your spouse agrees to waive formal service and signs the proper form for an Entry of Appearance, you can skip this step altogether.
- Finalizing the Process: After your partner has been served, you will need to attend a formal hearing to get your divorce finalized. In some local courts, your spouse may need to attend as well. Your lawyer can help you find out if that’s the case with your court.
At this hearing, the judge will ask you about the settlement agreement. As long as you have provided the proper paperwork and the settlement is fair to both parties, the judge may sign off.
FAQs
Q: What Are the Pros and Cons of an Uncontested Divorce?
A: Even though the process for an uncontested divorce may seem fairly streamlined and easy, it doesn’t mean it won’t take its toll on you. It’s still a divorce, and every divorce has its positives and negatives. One of the positive aspects of an uncontested divorce is how much cheaper it can be than a contested divorce, as well as how much faster it takes to resolve. Still, an uncontested divorce can have its negatives.
Q: How Much Does an Uncontested Divorce Cost?
A: There is no telling how much an uncontested divorce may cost you. Every divorce case is different, with each case having its own specific details and circumstances that make it unique. While an uncontested divorce will almost certainly cost less than a contested one, you may still have to take into account lawyer’s fees, court costs, and the loss of income that comes from losing a significant amount of your assets.
Q: How Long Can an Uncontested Divorce Take?
A: An uncontested divorce can take substantially less time than a contested divorce. Since nothing is being drawn out and argued over, the process is fairly straightforward. You don’t have to attend constant court appearances or wait for scheduled mediation hearings. Depending on the situation and the amount of assets being considered, there is no reason your uncontested divorce can’t be settled quickly.
Q: Do I Need a Lawyer for an Uncontested Divorce?
A: No, you do not need to hire a lawyer for an uncontested divorce. You can represent yourself during the process, especially if you know there won’t be any legal strife to worry about. Still, it is recommended that you at least consult with an experienced divorce lawyer whenever you are considering filing for divorce. A good lawyer can provide you with solid advice, especially when there are substantial assets to divide or custody agreements to work out.
Reach Out to an Experienced Divorce Lawyer Today
Getting divorced is never an easy thing to go through, even when it is uncontested. Facing the end of your marriage can be an overwhelming experience, and you may want to have someone in your corner who understands what you are going through. A good divorce lawyer can be that person, providing you with consistent advice, paperwork assistance, and more.
The legal team at Stange Law Firm understands how delicate the divorce process can be. It is important to have somebody on your side who knows how the process works and can ensure you don’t miss anything. Contact us to speak with a team member about your case. With our legal team on your side, you can rest assured that you are getting the quality legal support you deserve. We can help you thoroughly explore all of your legal options.
