Uncontested Divorce Lawyers in Downers Grove Providing Experienced Representation
If you and your spouse have decided to end your marriage, divorce is the next step you need to take to separate entirely and start moving on. Going through an uncontested divorce is the fastest and least expensive way to separate from your spouse and file for divorce. However, there are still some things you should know about an uncontested divorce before starting the process, including why you may need legal assistance and how a divorce attorney can help.
At The Law Offices of Robert B. Buchanan, we are dedicated to providing compassionate, helpful legal representation to all our clients, no matter their circumstances. Whether you’d like assistance filing divorce papers, responding to divorce papers, or navigating your divorce case, we are here to help. Call us today for a free consultation at 630-866-8303.
What is an Uncontested Divorce?
There are two main types of divorce: uncontested and contested. A contested divorce is when a couple cannot agree on the terms of their divorce, like child support, spousal support, or property division. In a contested divorce, couples must use processes like mediation, arbitration, or even litigation to reach a consensus and finalize their divorce. Contested divorces often take much longer and cost more money than uncontested divorces.
On the other hand, an uncontested divorce is when both parties generally agree on the major terms of the divorce. In an uncontested divorce, one spouse will file the divorce paperwork, also known as the divorce petition. The other spouse will be served with divorce papers, but they do not need to respond in any way.
Going through an uncontested divorce may sound simple, but having an uncontested divorce attorney on your side can make the process much smoother and more manageable. Filing for divorce takes lots of paperwork and multiple trips to the courthouse. Filling out paperwork incorrectly or neglecting to complete the correct paperwork can prolong the process and cost you money. A professional from our team can help you fill out your documents correctly and on time.
Hiring a divorce attorney is also a good idea if you have been served divorce papers. Our team can look at the divorce terms to ensure they are fair to you. If the divorce does not contain equitable distribution, we can help you advocate for your rights to ensure your divorce is just.
What Are the Requirements for an Uncontested Divorce?
Even in an uncontested divorce, you and your spouse must agree on the major terms of the divorce for it to be accepted. These terms can vary based on your situation and your assets.
Standard terms of divorce include:
- Alimony or spousal support
- Marital property division, including debts
- Asset division
- Child custody
- Child support
- Medical insurance for minor children
- Any other disputes
If you and your spouse do not agree on any of these issues, you can hire a mediator to help you reach a compromise. Fortunately, mediators are typically not cost-prohibitive and can be very useful in situations where spouses are almost in agreement with each other.
How Long Does an Uncontested Divorce Take?
Every divorcing couple is different, so some divorces take longer than others. However, uncontested divorce cases are typically much faster than contested divorce cases. Even so, many divorces take six months or longer to resolve fully. This can depend on the issues within your divorce and how long it takes to reach a compromise on the terms of the divorce.
In the state of Illinois, if you don’t want to wait for your divorce to be finalized, you and your spouse may be able to apply for “joint simplified dissolution.” This unique form of divorce moves much faster, but you must meet specific requirements to apply.
You and your spouse may qualify if the following factors are all true:
- You and your spouse have lived in the state for three months or more
- You do not own a house
- You have no children
- You and your spouse have been married for less than eight years
- You both agree to waive alimony
- You and your spouse have lived separately for at least six months
- You both agree to an uncontested divorce due to irreconcilable differences
Some of these factors can be difficult to quantify, and many are confusing. Call our law office today if you’d like to pursue a joint simplified dissolution. We will review your case and let you know whether you should seek a divorce or this unique dissolution.
Do Uncontested Divorces Go to Court?
In most cases, uncontested divorces do not go to court. Since both parties agree on the major terms of the divorce, there is often no need for a judge to weigh in on any negotiations pertaining to the divorcing couple. Even if your divorce is uncontested, it is still recommended to have an uncontested divorce lawyer look over your divorce papers to ensure they are both correct and fair to each spouse.
However, litigation is an option if there are disagreements about any of the terms and you and your spouse cannot compromise on them. If you decide to pursue litigation, contact an experienced divorce attorney immediately for representation.
Should I Hire a Lawyer for an Uncontested Divorce?
Going through a divorce can be a stressful process. If you’d like to speed up your divorce and get through this time in your life much faster, hiring a divorce attorney is the best way to do so. Our team can help you file paperwork or solidify terms to ensure there are no delays. Call The Law Offices of Robert B. Buchanan today for a free consultation at 630-866-8303.