Should I File an Uncontested Divorce in Illinois?

 Posted on November 30, 2020 in Divorce

When you tell someone that you are getting a divorce, their first question is often, “Why?” There are a million reasons why couples get divorced, ranging from infidelity to dissatisfaction, to domestic abuse. Prior to 2016, the state of Illinois allowed couples to choose between filing a “no-fault” or “fault” divorce, in which reasons such as adultery and alcohol or drug abuse could be used to place blame for the divorce on one of the spouses. Now, only “irreconcilable differences” are cited as being the reason for a divorce, so as not to assign blame to either spouse. However, couples can still be considered to have a contested or uncontested divorce, depending on the level of cooperation between the individuals. Filing an uncontested divorce has many benefits, like saving time and money, but it is not always feasible for everyone.

What Is an Uncontested Divorce?

Every divorce has a myriad of issues that need to be settled and agreed upon before the divorce can be finalized. Although the issues will vary slightly by the couple, they are the same for most and require couples to make decisions regarding:

• The type of divorce resolution they will seek (collaborative divorce, mediation, litigation)

• How properties and debts will be divided between them

• Whether or not spousal support will be awarded

• How parenting time and important decision-making responsibilities will be allocated

• How much child support will be paid each month

The simplest definition of an uncontested divorce is one that is settled without the intervention of a court or a judge. In an uncontested divorce, the couple is able to settle all of the issues by themselves or through the use of alternative dispute resolutions, such as collaborative measures or mediation. 

Benefits of Uncontested Divorce

The benefits of an uncontested divorce, as opposed to a litigated divorce, are very clear to many people. Rather than going through a divorce that is based in the court system, an uncontested divorce can be a cost-effective, less-stressful way to legally end your marriage. The benefits of an uncontested divorce can include:

• Saves time and money

• Retains decision-making power over your future

• Prevents unnecessary stress for your family

• Facilitates a cooperative environment for co-parents

Contact a Naperville, IL Divorce Attorney Today

When you are going through a divorce, it can often feel like you and your spouse are constantly at odds with one another. Even in an uncontested divorce, it is normal to have some disagreement here and there, but seeking guidance from an experienced DuPage County divorce lawyer is key to a successful uncontested divorce. At the Law Office of Ronald L. Hendrix, P.C., our team has handled hundreds of divorce cases, including both contested and uncontested cases and we are confident we can provide the help you need. To speak with an attorney, call our office today at 630-355-7776 to schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.mydomaine.com/what-is-an-uncontested-divorce-1103297