Illinois Uncontested Divorce Examined

 Posted on September 20, 2024 in Divorce

While the concept of divorce is familiar to most people, there is a lack of knowledge about the various options available. Many people, especially those who have never been through a divorce themselves, have seen a high-conflict divorce play out in a movie or TV show. In these stereotypical scenes, the spouses do everything in their power to punish and hurt each other. They try to keep as much property, assets, and parenting time for themselves in an attempt to leave the other with nothing or as little as possible.

You might be surprised to learn that many couples manage to end their marriage without this dynamic playing any part. While there are several options for lower-conflict divorce, including collaborative divorce and mediation, this article will explore an interesting alternative known as uncontested divorce. Speak with a knowledgeable DuPage County, IL divorce lawyer to learn more.

How Does Uncontested Divorce Work?

In an uncontested divorce, both spouses agree on all the required aspects of a divorce settlement. When that happens, they submit a marital settlement agreement (MSA) to the court, which proves that they agree on everything, including how they will divide their marital debt and assets and a parenting plan, including arrangements for visitation and who can make certain decisions that would impact the child.

To be granted an uncontested divorce, you and your spouse need to meet various requirements, including:

• Reasonable MSA: Illinois courts have a clear preference for both spouses leaving a divorce to be as financially stable. As long as the MSA seems fair and reasonable and does not leave either party significantly lacking the means to be self-sufficient, it will typically be approved. 
• Local residency: At least one of the spouses needs to have lived in Illinois for a minimum of 90 days before a couple can file for divorce there.
• Mandatory court appearance: Whoever filed for the uncontested divorce, known as the petitioner, needs to appear at the final hearing. Since the MSA documentation is already signed, the other spouse does not need to be there but is welcome to attend.

One important aspect to keep in mind is that if even one aspect of the divorce remains unsettled, the couple is not eligible for an uncontested divorce and will need to begin contested divorce proceedings.

Schedule a Free Consultation with a Wheaton, IL Uncontested Divorce Lawyer

If battling out the end of your marriage is not your or your spouse’s style, speak with an experienced DuPage County, IL divorce attorney to understand whether an uncontested divorce is a good idea for you. At Goostree Law Group, we believe that knowledge is power and that it is always best to know about alternatives that might suit you. Call us at 630-364-4046 for a free consultation so we can help you end your marriage on your non-contentious terms.