Can I Have an Uncontested Divorce in Illinois?

 Posted on December 19, 2023 in Divorce

Divorce can be one of the most difficult processes for people to go through. Like any breakup, you can feel heartbroken and sad, but on top of it, you need to go through legal proceedings to painstakingly divide all of the assets you amassed together. If you are parents, you need to draft a plan for how you will both continue raising your children, but separately. You might need to work out arrangements for retirement, health insurance, student loans, and other issues that you would have handled together had you remained married.

However, some divorcing couples are able to end their marriage amicably. Just because the spouses no longer want to stay married doesn’t mean they need to act like enemies and make it impossible to reach agreements with each other. If you and your future ex-spouse can communicate productively, a knowledgeable Dupage County, IL, divorce lawyer can talk to you about whether an uncontested divorce might make sense for your situation.

What Is Uncontested Divorce?

In the State of Illinois, if both spouses agree that they want to get divorced, and they also both agree about all the issues that need to be settled in the divorce, they can get an uncontested divorce. Not only does this make the process less unpleasant, it can also make it take much less time and money.

Like in any divorce, the spouses in an uncontested divorce need to finalize arrangements for several issues including:

• Spousal support, otherwise known as alimony.
• Division of assets, including:
• Savings
• Properties
• Retirement funds
• Jewelry
• Art
• Stocks and bonds
• Division of Debt
• Any stipulations from any prenuptial or postnuptial agreements the couple may have signed

Additionally, like in any other divorce, if the couple has children, several more issues need to be finalized, including:

• Child support payments
• Parental responsibilities and a parenting plan
• Which parent will have the authority to make which decisions for the child?
• How will parenting time be divided?
• Which parent will the child spend which holidays with?
• Nonparental childcare arrangements.
• Arrangements about homework, private tutoring, and after-school programs.

If both people involved can agree on all the above, it is likely they can likely file for an uncontested divorce. However, if they disagree about even one issue, uncontested divorce is not an option.

Schedule a Free Consultation with a Wheaton, IL, Divorce Attorney

If you and your future ex feel able to communicate productively to reach agreements on all the aspects of a divorce, you might be good candidates for an uncontested divorce. You should speak with an experienced DuPage County, IL, uncontested divorce lawyer to find out more. Call Goostree Law Group at 630-364-4046 to schedule a free consultation.