When Can Spouses Pursue an Uncontested Divorce in Illinois?

Spouses must resolve many issues when they get divorced, no matter how difficult it is for them to get along. In the worst case, spouses must litigate their differences in a divorce court in front of a judge. A contested divorce can be a long, expensive process, often taking multiple years to complete. 

However, fewer divorces than ever go to trial. When couples are able to separate with a recognition that they and their children will be better off without hostile negotiations, it is possible to have an uncontested divorce. Uncontested divorces are generally easier and faster than contested divorce because a couple can create a divorce agreement together that is agreeable to both spouses. Although a judge will still need to approve the plan to ensure it follows the law, an uncontested divorce can be a great option for couples who can manage it. 

What Do Couples Need to Agree on in an Uncontested Divorce? 

Certain issues must be addressed in a divorce, although a couple’s unique circumstances will affect these to some extent. Couples who have children must resolve issues related to the children, while couples with an enforceable prenuptial agreement will abide by the agreement’s terms. A general list of the issues that a couple must agree on includes, but is not limited to:

• Getting a divorce - both spouses must agree to the divorce

• How parental responsibilities and parenting time will be allocated

• How much child support payments will be

• How assets and debt will be divided

• Whether spousal maintenance will be paid

Couples seeking an uncontested divorce must create an agreement addressing the details of each of these issues, and then present it to a judge. A judge will review the agreement to make sure it follows the law and is fair and addresses the best interests of the children, and then approve the agreement or suggest changes. If the divorce agreement is approved, the judge will issue a divorce decree, and the marriage will be terminated. 

Meet with a Geneva, IL Uncontested Divorce Attorney

At Law Offices of Benedict Schwarz, II P.C., we are committed to helping you find out which divorce methods are best suited to your circumstances. We provide a no-pressure and open environment so you feel welcome and heard. Our Barrington, IL divorce attorneys encourage spouses to pursue peaceful conflict resolution whenever possible and will help you move past your divorce so you can get on with your life. Schedule your initial consultation by calling our offices today at 847-428-7725. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV%2DA&ActID=2086&ChapterID=59&SeqStart=5400000&SeqEnd=6200000