Is An Uncontested Divorce Possible In Illinois?
Your marriage has run its course and you are ready to part ways with your spouse. If you are still on good terms and willing to work together, you can opt for an uncontested divorce with the help of our Schaumburg divorce lawyers.
What Is An Uncontested Divorce?
An uncontested divorce is one in which both spouses agree on all of the key terms of their split. This includes:
- Child support and medical insurance for minor children if the couple has any.
- Division of marital property.
- Child custody and child visitation schedule.
- Division of marital debts.
- Spousal maintenance, aka alimony.
And any other dispute that involves the marriage. Couples can hire a mediator so that they can reach an amicable agreement over all of the aforementioned issues. In case of a dispute, they can go before a judge at trial, but they can also settle their disputes any time before the trial date.
Top Benefits Of An Uncontested Divorce
The Children Will Adjust Better
Children of divorcing parents take the news the hardest and can have difficulty coping. Younger kids and teenagers, in particular, can take on the stress they may not be able to handle at such a young age. However, if they see their parents cooperating and being amicable with one another during divorce proceedings, the transition will be much easier.
An uncontested divorce is less stressful than a contested one since both parties reach amicable resolutions for disputes. If you have Schaumburg divorce lawyers on your side, you can reduce that stress further.
Privacy and Confidentiality
Not all of the agreements and disclosures you have with your spouse are placed on public record. Only the statements you have filed in court can be accessed by the public. So you can rest assured that personal terms, negotiations, and conditions will remain confidential and will not result in complex issues later.
Duration of an Uncontested Divorce
Unlike other states, you don’t need to wait to file for a divorce in Illinois. However, only applicants who have lived there for at least 90 days can file for one in court. If a couple reaches mutual agreements on the terms of the divorce decree, the time frame can be shorter compared to a contested divorce which can take months to resolve.
Joint Simplified Divorce
If both spouses agree and cooperate with one another, they can also go for a simplified divorce. For this to be possible, they need to file a Joint Petition for Simplified Dissolution of Marriage. Some of the conditions they need to fulfill include the following:
- Neither of the two spouses is dependent on one another for support or the party that is dependent will sign away their right to support.
- The marriage came to an end because of irreconcilable differences and the spouses have lived apart for 6 months or more.
- Attempts of reconciliation have failed and further efforts are not in the best interests of the family.
- Either of the spouses considers the state as their domicile or meets the 90-day residency requirement.
- The marriage lasted for at least 8 years.
- The marriage does not involve children.
- Neither of the spouses has any interest in real estate.
- The complete market value of the marital property is less than $10,000 and the combined income of both spouses’ amounts to less than $35,000.
- Neither of the spouses has a gross annual income that exceeds $20,000.
- Both spouses did their taxes and have disclosed assets for all of their years of marriage.
- Both spouses possess a written agreement based on assets that are worth more than $100 and allocate responsibilities pertaining to the payment of debts they share.
To proceed with a simplified divorce, both parties have to testify before the court and meet all of the conditions pertaining to it. This includes submitting a sworn affidavit in which they promise that property division will be done as per the agreement they submit to the court.
Why You Should Hire A Lawyer For An Uncontested Divorce
While you can get an uncontested divorce yourself, hiring a lawyer will be in your best interests. Here are just some reasons why hiring Schaumburg divorce lawyers is a good idea:
- You cannot use your spouse’s lawyer and vice versa because it will cause conflicts of interest. In fact, no lawyer will be willing to do this no matter how peaceful the divorce proceedings are.
- You may end up paying more or receiving less if you don’t have all of the information you need. Divorce lawyers are proficient in child support and spousal support laws in Illinois and will ensure you are not blindsided.
- If there is a dispute between both parties or you cannot see eye to eye on every issue, negotiations will need to be held. Your lawyer will represent you during the negotiation to ensure your best interests are protected. Plus, this way you can reach an amicable agreement and hasten divorce proceedings.
- If you want to ensure a fair split of businesses, shared property, children, etc, a lawyer will ensure you don’t get the short end of the stick. If you try and do this alone, you may end up with less than you anticipated.
- A lawyer can help you understand your rights regarding your children, assets, debts, and property.
- If you try and file an uncontested divorce case without a lawyer, you will have to do some serious legwork. This includes filing the case in family court on time. If that isn’t possible, the judge will throw out your case. There are 24 judicial circuit courts that oversee divorce cases and each is divided into sub-divisions. A divorce lawyer will be able to locate the correct one and save time.
Filing Divorce Paperwork
Once you are prepared to start divorce proceedings, ask your lawyer to collect the appropriate forms. If you are doing this alone, ask the clerk at your local courthouse to ensure you are using the correct ones. The forms you need vary from one courthouse to the next so this step is important.
Fill out the forms and have your lawyer bring them to the courthouse to be filed. You will receive a case number and you will also need to pay a filing fee. If paying the fee is an issue, you can also ask it to be waived by filling out a fee waiver form with your income information. If the judge agrees that you cannot afford the charges (i.e. you live below the poverty line), they will be waived.
Once the papers are filed, you will receive a form from the Bureau of Vital Statistics, which needs to be completed and signed by your spouse as well. After that, you will receive a final hearing date. In case you and your spouse opt for a simplified divorce, you won’t have to serve your spouse paperwork since you will be filing together.
Both of you have to take part in a final divorce hearing in which a judge will ask you questions pertaining to your case and your settlement agreement with your spouse. In an uncontested divorce, the briefing does not take long at all since you pretty much agree on everything in the divorce decree. Once the judge signs the divorce order your divorce will be final and both you and your spouse will get a copy of the final order.
Whether you wish for an uncontested divorce or cannot agree on key terms, can you trust yourself to communicate effectively and ensure your needs are met? Will keeping in touch with an ex-spouse place your family in danger? If you have a contentious divorce, you may find yourself visiting the court or arguing with the other party more times than your mental health can take.
Get In Touch With A Divorce Lawyer In Schaumburg For A Free Consultation Today
This is where our Schaumburg divorce lawyers can prove invaluable. At the Law Office of Fedor Kozlov, we can help you find a way through your divorce whether it is contentious or uncontested. We understand the immense financial and emotional turmoil it can cause and have the skills and experience to guide you on the right path. Get in touch with us at our law office in Schaumburg, IL today.
We specialize in family law and also offer clients advice on dispute resolution and offer representation services as well. Our lawyers are skilled negotiators who fearless litigators, one of the main reasons why our law office is preferred by clients across Schaumburg.
We will always recommend the most efficient solution, but that doesn’t mean we will back down if your divorce gets contentious. So whether you are searching for a family lawyer to handle your divorce settlement or need an aggressive attorney to represent you in court, we will work with you to come to the best resolution possible. Get in touch with us for a free consultation today.