How Can I Have an Uncontested Divorce in Illinois?

 Posted on March 21, 2024 in Divorce

While it might seem like something to take for granted, the fact that all people are different has far-reaching implications. It means that every couple has its own unique dynamic, every family has its own unique dynamic, and every divorce also has its own unique dynamic. That is why, even though divorce often plays out the way you see on TV - with spouses doing everything in their power to hurt and punish each other, many couples simply do not fit that description. 

There are even couples who decide to end their marriage and still manage to work together to ensure they can each enjoy their future, especially if they have children. Sometimes, this kind of couple can have what is called an uncontested divorce. In this article, we will explore what that entails and why a lawyer is necessary. If you have any further questions, feel free to speak with a knowledgeable Naperville, IL divorce lawyer to find out more.

What is Uncontested Divorce?

All divorce proceedings in the state of Illinois need to end with a court-approved divorce settlement. This means that the couple has reached reasonable agreements considered fair to both parties regarding their parenting plan and child support if they have children, their division of assets and debts, spousal support, and all the details therein.

An uncontested divorce is when the divorcing spouses can draft a divorce settlement that addresses every single aspect necessary. Once that happens, they submit it to the court for approval and, generally speaking, a judge will approve it and grant the divorce if the settlement is considered fair and reasonable.

An uncontested divorce is an attractive option for couples that can successfully end their marriage this way because it tends to take much less time and, therefore, also costs less money than a drawn-out court process. It is generally feasible for couples who can maintain healthy and productive communication despite wanting to end their marriage. However, keep in mind that if they fail to agree on even one aspect of the divorce, they are not eligible for uncontested divorce and need to begin a contested divorce process.

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

If you and your spouse do not want to fight a bitter battle in court, an uncontested divorce might be your best option. An experienced DuPage County, IL divorce attorney can review your case and guide you further. Call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation and learn more.