An uncontested or agreed divorce is a type of divorce in which both parties have reached an agreement on all the key issues relating to their separation, such as property division, parenting time and decisions, child support, and spousal support. This type of divorce is also referred to as a "no-fault divorce" or a simple divorce because neither party is seeking to place blame on the other for the breakdown of the marriage.
The primary benefit of an uncontested divorce is that it is typically faster and less expensive than a contested divorce. Since both parties have already agreed on all the key issues, there is no need for a lengthy legal battle in court. This can save both parties time, money, and emotional stress.
In order to obtain an uncontested divorce, both parties must be in agreement about all the terms of the divorce. This means that they must have worked out all the details of their separation in advance. The key areas are: division of assets and stuff, such as cars, bank accounts, retirement accounts and the house; division of debts, such as credit cards, medical bills and the mortgage; spousal support, also known as maintenance or alimony; parenting time, also called custody, which includes regular parenting times, holidays and summer; parenting decisions, such as medical decisions for the child or children; and child support and payment of the children’s expenses. If both parties are able to agree on all the terms of the divorce, they can file their agreement with the court and obtain a divorce without going to trial.
It is important to note that while an uncontested divorce can be a quicker and less expensive process than a contested divorce, it is still a legal process that requires a thorough understanding of the law and the divorce process. Your life should not be reduced to cheap papers and trying to figure out legal terms. A divorce attorney to ensures that your rights are protected, that nothing is left out and that the divorce agreement is legally binding and that the paperwork reflects their agreements. Here, it also saves you from having to go to Court in most instances.
An uncontested divorce with my representation usually begins when someone contacts my office. I learn all of the details about the agreements and turn it into the paperwork that will get filed with the Court eventually. After it is all signed by both parties, I will file it and present it to the Judge. The Judge will review the agreement to ensure that it is fair and reasonable and that it complies with Illinois law. After the Judge has reviewed it, they usually sign it. Occasionally they have some questions and a brief court date is scheduled.
Once the Judge approves the agreement, he or she signs the Judgment of Dissolution of Marriage, which is the official document that grants the divorce. The Judgment will refer to the Marital Settlement and Parenting Plan, which include all the terms of the agreement and will be binding on both parties.
It is important to keep in mind that an uncontested divorce is not always the best option for every couple. If the parties are unable to reach an agreement on all the key issues, a contested divorce is necessary. In this case, the parties will need to present their case in court in a tiral, where a Judge will make a decision on all the key issues, including property division, child custody, and support. This is also known as litigation and gets expensive quickly. It also allows a Judge, who does not know you, to decide your future.
In conclusion, an uncontested divorce is a type of divorce in which both parties have reached an agreement on all the key issues relating to their separation. This type of divorce is typically faster and less expensive than a contested divorce and can save both parties time, money, and emotional stress. However, it is still a legal process that requires a thorough understanding of the law and the divorce process. If you want an attorney who does this work day-in and day-out, who will treat you like a person and not another file, and who can tell you about the fees up front, call me.