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What Are the Advantages of an Uncontested Divorce in Illinois?

Posted on in Divorce

Naperville uncontested divorce attorney

The decision to divorce can be difficult for many couples, regardless of whether they were married a few years or a few decades. According to the Illinois Marriage and Dissolution of Marriage Act, a divorce may be granted when “irreconcilable differences have caused the irretrievable breakdown of the marriage” and efforts at reconciliation have failed or future attempts to reconcile would not be in the best interests of the family. Illinois is known as a “no-fault” state, meaning one or both spouses do not need to find an issue within their marriage, such as violence, substance abuse, or adultery, to file for a divorce. An uncontested divorce occurs when both you and your spouse mutually agree to the divorce and are able to reach a settlement on the outstanding issues, such as allocation of parental responsibilities, spousal support, child support, and asset/property division.

Reasons to Choose Uncontested Divorce

An uncontested divorce allows you and your spouse to reach a settlement in a quick and efficient manner compared to a contested divorce, in which various issues may need to be settled in court. The advantages of choosing uncontested divorce include, but are not limited to:

  1. It is easier on your children. Although your divorce is between you and your spouse, your children can still be affected by the break-up of the family. Since the decision to separate is mutual in an uncontested divorce, your children will not feel the need to pick sides, and they will feel better knowing that you and your ex-spouse will be able to work together as co-parents.

  2. It costs less. A contested divorce can consume the court’s time, and a variety of legal fees and court costs must be paid to address matters in multiple court hearings. An uncontested divorce reduces those costs, as the process is much simpler if there are no major issues to dispute before a judge.

  3. It allows for privacy. Even though your final divorce decree will become public record, an uncontested divorce allows you and your spouse to control what is included within that document. You will have the final say in what personal information is public while ensuring that negotiations between you and your ex-spouse remain private. 

  4. It grants a quicker resolution. You and your spouse may be able to negotiate and resolve issues on your own prior to filing for divorce or during the divorce process. If you can work to minimize conflict and reach compromises, the judge will not need to make decisions on your behalf regarding your future.

Contact a West Chicago Divorce Attorney 

Even an uncontested divorce can seem complicated, especially if you are not familiar with the court system and the legal requirements that you will need to meet. Although you and your spouse may agree on many of the issues in your divorce, you still need professional legal guidance to formally end your marriage. Attorney Chrissie Martell will work alongside you throughout the proceedings to ensure that your rights are protected. She will help you resolve your outstanding legal issues while working to protect your rights and your children’s best interests. Contact a compassionate Kane County uncontested divorce lawyer today at 630-717-2772.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000

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