It is possible to file for uncontested divorce in Oakbrook Terrace, IL, and receive it if your spouse does not respond. In such a case, the court can make decisions based on your filing, and your divorce may become uncontested by default. You do have to make reasonable efforts to locate your spouse and have him or her served with papers. Some people receive a divorce by publication after they publish newspaper notices.
An unresponsive or uncooperative spouse can add stress to your divorce. Erlich Law Office can help. Call us at (630) 538-5331 to discuss your case.
What Are the Requirements for an Uncontested Divorce in Illinois?
Illinois has requirements for uncontested divorces. Irreconcilable differences are the only grounds for divorce. One party does not have to prove the other party’s fault or wrongdoing.
Residency
At least one of the spouses must have been an Illinois resident for at least 90 days prior to the filing or final judgment. With this requirement, you can file in the county where either you or your spouse lives.
Agreement on the Issues
In typical uncontested divorces, the spouses agree on the issues. Common ones include child custody, child support, division of property, and spousal support. Not surprisingly, the presence of minor children can make a divorce more complicated.
Many spouses use mediation to reach an agreement for an uncontested divorce. Researching the dos and don’ts of divorce mediation should make the process go more smoothly. One tip is to prepare with as much information as possible, whether the issues pertain to child custody, spousal support, asset division, or other areas. Financial documents that often play a role in multiple areas include pay stubs, bank statements, tax returns, retirement account paperwork, investment portfolios, and asset valuations.
A Petition for Dissolution of Marriage and Other Documents
To start the uncontested divorce process in Oakbrook Terrace, IL, one party needs to file several documents, including a Petition for Dissolution of Marriage and a marital settlement agreement. The latter details asset division, parental responsibilities, and other issues. The court reviews the filings and can grant a divorce in as little as two months.
What to Do if Your Spouse Won’t Respond
After you file for divorce, you must make sure your spouse gets served with the papers. This step officially notifies him or her of the divorce proceedings. There are several ways to handle notification, such as a process server or sheriff.
In many cases, spouses respond to divorce filings. In some, they do not, and this can be confusing for the petitioner (the person who filed). An uncontested divorce lawyer can discuss the next steps with you.
For example, your spouse has 30 days to respond to the divorce papers after he or she is served. If there is no response, you may be able to proceed with a default divorce. The court schedules a hearing to review your motion for default. You attend the hearing and provide any needed documentation. If everything looks good, the court should grant the default judgment and finalize the divorce.
If everything is not in order, the judge might identify issues for you to address. Here are some common deficiencies:
- Documentation is incomplete or incorrect: Some forms may have errors or be missing information. Review all your documents carefully, possibly with the help of an attorney. Make corrections and resubmit them to the court.
- Improper service of divorce papers: The court requires proof that your spouse was properly served with divorce papers according to Illinois law. If there was an error, you may need to serve the papers again properly. You must also provide proof of service to the court.
- Questions about fairness: Default divorces do not necessarily mean that petitioners get everything they wish. If a petitioner’s proposed settlement is not fair or equitable, the judge may ask him or her to address concerns to meet standards of fairness. This can happen with any issue, but child custody and child support are two major areas.
- Lack of jurisdiction: Ensure that you meet the residency requirements to file for uncontested divorce and that your documentation clearly outlines and supports the grounds for divorce.
- Failure to appear at the hearing: Show up for hearings and be ready to present your case. If you cannot attend a hearing, notify the court in advance. Request a rescheduling.
Once the court grants the default judgment, you receive a Judgment of Dissolution of Marriage. It legally ends the marriage.
Tips for Navigating a Challenging Divorce in Oakbrook Terrace, IL
Divorce can be challenging, whether you file for uncontested divorce or contested divorce. A few tips can help you navigate the process.
Get Legal Advice
Talking with a divorce attorney can be a huge help, even in uncontested or default divorce situations. If your spouse does not respond to your divorce filing, an attorney can help you figure out how to proceed.
A consultation can answer questions you have about divorce. For instance, a common question is, “What is the difference between a contested and uncontested divorce?” While there are many differences, the primary one has to do with the level of agreement on the issues. In a contested divorce, the court intervenes to resolve disagreements, and this may take multiple hearings. Uncontested divorces usually cost less, are shorter, and exert less of a mental and emotional strain. Another advantage is that they are usually more productive for co-parenting relationships.
Another question that occurs often is, “How long does a contested divorce take?” It can take several months if there are just one or two relatively straightforward issues that require court intervention. In some cases, divorces can take several years, especially with high levels of conflict, failed attempts at mediation or negotiation, a time-consuming discovery process, and complex issues.
Other questions for a lawyer may be about uncontested divorce forms, the uncontested divorce cost, and getting an uncontested divorce in general.
Understand Your Rights
Attorneys can protect your rights. Understanding them helps you make informed decisions and protect your interests.
Communicate
Effective communication with your spouse, even if he or she is unresponsive, may help move a divorce forward. If direct communication is not possible, written communication through email or certified mail may work. Keep records of all communications. Be respectful and focus on resolving the issues.
Stay Organized
Thorough documentation makes a big difference in a divorce. It helps you prove things such as income. Keep your financial documents well-organized, and file all communications, court filings, and documents related to the divorce.
Prepare for Delays
Some divorces proceed smoothly and take as little time as possible. On the other hand, delays are common in many splits. For instance, unresponsive spouses can cause delays. Preparing mentally and logistically for postponements helps with managing frustration. Keep communication open with your attorney.
Prioritize Self-Care
Self-care can help with the emotional toll of a divorce. Therapy or counseling, journaling, support groups, and mindfulness are some approaches. Surrounding yourself with supportive influences (versus people who are judgmental about the divorce) is a good idea, too. Doing hobbies you haven’t been able to do in a while and learning new skills are two other ways to practice self-care.
Manage Your Finances
Considerable financial changes are likely after you file for uncontested divorce. Create a budget for while the divorce is pending and for after the divorce.
In general, protect your financial interests. Keep an eye on your credit report, too.
Consider Mediation
If both spouses are willing to consider mediation and keep open minds, they may be able to resolve their disputes without court intervention. Mediation can save a lot of time and stress.
Focus on the Best Interests of the Children
Children make up about 21.6% of the population in Illinois. If you have children, prioritize their well-being. If your spouse is not responsive or uncooperative, your attorney can help you with custody and support issues through the court system. Otherwise, try to work with your spouse to develop a co-parenting plan that puts the children’s best interests first.
Spouses can respond to divorce filings in many ways, and some do not respond at all. You may still be able to proceed with an uncontested divorce if your spouse is not responsive. Contact us today at Erlich Law Office to talk about your situation.
