Getting divorced is never going to be an easy process to endure, regardless of whether or not the process is contested or uncontested. While one process is certainly easier to go through than the other, the ultimate goal is the same: The end of your marriage. It can be an emotionally devastating event in your life, and it may never fully heal the way you want it to. Still, an experienced Springfield, IL, divorce lawyer can help you work through an uncontested divorce.
What Exactly Is an Uncontested Divorce?
An uncontested divorce is generally considered to be the ideal situation for your divorce. In an uncontested divorce, both partners are well aware of the problems they have been having. They have discussed things amicably and have agreed to get divorced without much difficulty. They have worked out child custody agreements, spousal support, asset division, and every other significant issue that the court would help mediate in a contested divorce.
In a contested divorce, you often find yourself dealing with constant roadblocks, setbacks, and difficulties you may not even have been able to prepare for. It can be difficult to talk to your kids about what’s happening, and you may have to be prepared to lose a lot more than you expected. There is no mutually beneficial agreement in place for anything, and one spouse may be trying to ensure the other ends up with nothing. It’s the most emotional and painful scenario for a divorce.
An uncontested divorce generally allows both partners to work together for their own betterment, with both partners understanding that this is the only way forward for each partner’s happiness. This method tends to take much less time to finalize than a contested divorce, and you may not even need to hire a divorce lawyer at all.
How to Get an Uncontested Divorce in Illinois
The process of an uncontested divorce is fairly straightforward and nowhere near as complex or stressful as a contested one. While you may not necessarily need a lawyer for it, it is still a good idea to have someone by your side who understands the legal complexities of what you are getting ready to do. That way, you can ask them for advice and make sure you are doing everything correctly.
If you decide not to hire a lawyer and to move forward with the uncontested divorce on your own or with your spouse’s help, it will be your responsibility to ensure the proper paperwork is filed on time and with the right court. Here are the various steps in filing for an uncontested divorce in Illinois:
- Agree on terms. Before the uncontested divorce can move forward, you need to make sure that you and your partner really do agree on everything that has been laid out in the paperwork. If any disagreements come to light, it may be up to the court to decide on certain things for you, such as custody arrangements or asset division. Hopefully, you and your partner will be able to reach an agreement on everything.
- File the paperwork. It is important that you file the right paperwork, such as the Petition for Dissolution of Marriage, in the county in which you currently reside. You can use an online service to file the paperwork if you want. At least one of the spouses involved must have lived in Illinois for at least 90 days before the finalization of the divorce.
- Appear at a hearing. Once your partner has been served, which should be straightforward if they already know about what you’re doing, you will both need to attend a hearing to finalize the divorce. The judge will confirm the details of your settlement agreement. As long as everything is confirmed and filed properly, that should be the end of it.
FAQs
Q: Will I Need a Lawyer for My Uncontested Divorce?
A: Generally, no, you will not need to hire a lawyer for your uncontested divorce. An uncontested divorce is largely a formality. You and your spouse understand what needs to be done, you take the steps to work the finer details out between yourselves, and you file the paperwork. A lawyer is really only needed in a divorce if there is something to fight for or against.
Q: How Much Will My Uncontested Divorce Cost?
A: There is no real way to tell how much your uncontested divorce is going to cost you. While every divorce is going to be different, it is all but guaranteed that your uncontested divorce is going to cost you considerably less than a contested one. Some expenses you have to consider are court costs, filing fees, possible lawyer fees, and the loss of income or assets that generally come with a divorce.
Q: What Are Some of the Positives of an Uncontested Divorce?
A: An uncontested divorce has many positives, especially when compared to a contested divorce. The process of an uncontested divorce is much easier to navigate and deal with emotionally. While it is still likely to be sad for you, it’s unlikely to get emotionally catastrophic or cause you pain. One of the biggest positives of an uncontested divorce is the expense. It’s far cheaper than a contested divorce.
Q: What Are Some of the Negatives of an Uncontested Divorce?
A: An uncontested divorce is not without its negative aspects, though they are largely relative. Every divorce is going to be different and have its own considerations. One of the potential negative aspects could be that an uncontested divorce might end up being rushed. If you rush through it, you could overlook certain details that might be important later.
Reach Out to a Lawyer Today
An experienced divorce lawyer can help you figure out the finer details of your uncontested divorce and make sure you aren’t being taken advantage of. Having someone on your side who understands what’s at stake and is willing to help can only benefit you in the long run. The legal team at Stange Law Firm can provide you with peace of mind and professional conduct. Contact us to schedule a consultation with someone on our team.
