Chicago Uncontested Divorce Lawyers

If you and your spouse have decided that divorce is the best option for you, settling matters quickly is the best way to close this chapter in your life and start moving on.

An uncontested divorce may be the best option if you and your spouse generally agree on matters like child custody, child support, and property division. Fortunately, an uncontested divorce is the least complicated way to split up with your spouse, and the process generally moves fairly quickly.

With an uncontested divorce attorney on your side, you can file divorce paperwork and get the process started as quickly as possible. Our team of experienced divorce lawyers at Buchanan Law Group is knowledgeable in all areas of divorce and family law. For a free consultation and to learn more about our services, call (312) 248-6170.

What is an Uncontested Divorce?

An uncontested divorce is the right option if you and your spouse both want a divorce or if you don’t have any children or many assets. In an uncontested divorce, one spouse files the paperwork, also called the petition, to start the divorce process.

A lawyer from our team can help you fill out the petition and deliver it as quickly as possible. The other spouse will receive that paperwork notifying them that the divorce process has been started, but they don’t need to respond in any way.

While filing for a divorce may sound simple, the process requires many documents and multiple trips to the courthouse. Filling out paperwork incorrectly or not filing the required documents can cause delays in the divorce case, which only prolongs the matter.

Consulting an experienced law firm is the best way to quickly get through the uncontested divorce process. However, because of ethical concerns, it’s important to note that a divorce attorney can only represent one spouse in the process.

Hiring a divorce attorney also helps protect your rights if you are a spouse who has been served divorce papers. A divorce attorney from our team can review the divorce papers and ensure they are fair to you and any children you have. If you have any legal questions or are still determining whether your divorce papers seem fair, our team would be happy to review your case and develop a settlement that works for you.

What Are the Requirements for an Uncontested Divorce?

Even when a divorce is uncontested, there are some basic requirements that it must contain. Mainly, the divorcing couple must agree on all the major divorce terms. These terms generally include:

Marital property division
Alimony or spousal support
Splitting responsibility for marital debts
Child custody and parenting time
Medical insurance for minor children, if applicable
Child support
Any other disputes involving the marriage

You and your spouse can agree to these terms on your own or use a mediator to help you reach an agreement. However, if you and your spouse disagree about any terms and cannot reach a consensus, you must litigate those terms in court before a judge.

It is essential that both parties fully disclose all assets, debts, income, and expenses during the uncontested divorce process. This transparency helps ensure that the marital settlement agreement is fair and equitable, reducing the risk of future disputes or challenges to the agreement.

The court requires that all agreements reached between spouses be in the best interest of any children involved, particularly regarding child custody, parenting time, and child support. Courts prioritize the emotional well-being and stability of the children when reviewing divorce agreements.

In some cases, couples may choose to include provisions for effectively co parenting after the divorce to promote cooperation and communication between parents. This can be especially beneficial in reducing conflict and supporting the ongoing needs of the children.

Working with an uncontested divorce lawyer in Chicago can help you understand your parental rights and obligations, ensuring that your divorce agreement complies with Illinois law and protects your family’s interests.

How Long Does an Uncontested Divorce Take?

In most cases, uncontested divorces are faster than contested divorces. However, the entire process can take over six months or more to resolve fully. The timeline depends entirely on the issues within the divorce and whether your case requires a trial.

If you do not want to wait, you may be able to apply for a “joint simplified dissolution.” This is a special form of an uncontested divorce that moves much faster.

You and your spouse may qualify for a joint simplified dissolution if the following is true:

You and your spouse have lived in Illinois for a least three months
You have no children
You have been married for less than eight years
You and your spouse have lived separately for the last six months
You agree to waive alimony permanently
You don’t own a house
You agree to an uncontested divorce based on irreconcilable differences

If you are unsure whether or not you qualify for a joint simplified dissolution, give our office a call today. We will evaluate your case and give you legal assistance to get your divorce filed as quickly as possible.

Do Uncontested Divorces Go to Court?

Typically, uncontested divorces do not go to court. This is because both spouses agree on the terms of the divorce, so there is no need for litigation in front of a judge. Many couples with young children prefer to file for an uncontested divorce so their children do not witness tension and stress from their parents.

If, however, you and your spouse disagree on any of the terms of the divorce, there is a chance that your case may go to court. If that’s the case, a judge will weigh in on the divorce terms and ultimately give a ruling. In that case, it’s essential to have a divorce lawyer for representation.

Even in uncontested cases, there may be a court appearance required to finalize the divorce. This is often called a “prove-up” hearing, where the judge reviews the divorce agreement and ensures that it is fair and in the best interest of any children involved.

In some counties like Cook County and DuPage County, if both parties are represented by their own attorney, affidavits can be submitted to waive the need for a court appearance, simplifying the process further.

Hiring an experienced lawyer can help manage court costs and minimize multiple court hearings, reducing the stress and legal wrangling often associated with divorce. Legal representation ensures that your rights are protected and that the divorce decree is properly drafted and filed.

An uncontested divorce offers many primary benefits, including lower costs, faster resolution, and less emotional distress for all parties involved. This approach allows both spouses to have more control over the divorce agreement, fostering an amicable divorce serving Chicago families with dignity and respect.

Should I Hire an Uncontested Divorce Lawyer Chicago?

Although uncontested divorces rarely go to court, hiring a divorce lawyer is still the best way to expedite the process and finalize your divorce.

Without a divorce lawyer on your side, you run the risk of misfiling paperwork or making mistakes that can cost you time and money. A legal representative on our team will help you file paperwork correctly so there are no delays.

Please don’t feel like you have to go through this overwhelming time on your own. At Buchanan Law Group, we pride ourselves on providing our clients with compassionate, helpful legal services. For a free consultation and to learn more about us, call (312) 248-6170.

Hiring an uncontested divorce lawyer in Chicago ensures that all legal requirements are met, including the proper drafting of the marital settlement agreement and other necessary documents. Our experienced attorneys understand the complexities of Illinois family law and will guide you through the uncontested divorce process efficiently.

Additionally, having your own attorney protects your interests, especially when it comes to important matters like property division, spousal maintenance, child custody, and child support. Even in amicable divorces, legal expertise is invaluable to prevent potential issues down the line.

Our law office is committed to providing personalized attention and clear communication throughout your case. We will work closely with you to address any questions or concerns, helping you navigate the divorce process with confidence and peace of mind.

Moreover, retaining counsel can help you avoid extensive attorney fees that often arise from contested or litigated divorce cases. By keeping the process uncontested and straightforward, you can save both time and money.

Contact Buchanan Law Group today to schedule your initial consultation and take the first step toward a smoother, more manageable divorce experience.