Uncontested splits in Oakbrook Terrace, IL, can be faster and less expensive. However, mistakes in uncontested divorce include overlooking financial disclosures, undertaking unreliable DIY agreements, and underestimating procedural complexities. Even a seemingly minor omission can derail a “simple” divorce.
Avoid letting a mistake jeopardize your future. Call Erlich Law at (630) 538-5331 to consult an uncontested divorce attorney.
Overlooking Financial Disclosures in an Illinois Uncontested Divorce
One of the biggest divorce agreement mistakes has to do with the spouses making financial disclosures that are incomplete or inaccurate. Illinois law requires the spouses to completely disclose all of their marital property and debts. Debt is divided based on whether debts and assets are marital or separate property.
Marital property usually includes homes, vehicles, bank accounts, retirement plans, and even credit card and medical balances, regardless of whose name is on them. In Illinois, the average credit card balance is $6,253.
A spouse sometimes forgets to include significant holdings such as retirement accounts or brokerage accounts. This could be because a retirement account is from a job held years ago. Other reasons include:
- The spouse has not seen paper or electronic statements in a long time. Maybe statements have been sent to an old email or postal address.
- The spouse has forgotten about an account due to multiple employers or moves.
- An account has a modest balance and seemed unimportant.
- A spouse might believe an account is not marital property because it was opened before the marriage. However, contributions made during the marriage can be marital property and divisible.
Disorganized financial files also make omissions more likely, as do accounts that grow passively without active management. The emotional stress of divorce can cause people to lose focus on financial details, causing them to accidentally overlook important, legally required disclosures. This could be among some of the most expensive mistakes in uncontested divorce.
Meanwhile, errors in Oakbrook Terrace such as intentionally leaving out assets are serious. They can result in legal consequences, such as contempt of court charges, fines, awarding the asset to the other spouse, modification or reversal of the divorce judgment, payment of the other spouse’s attorney’s fees, and, in extreme cases, criminal charges for fraud.
An Illinois-specific nuance is that the state uses equitable distribution for dividing marital property. When dividing assets and debts, judges weigh each spouse’s contributions to the marriage and financial circumstances.
Be as thorough as possible when listing your financial information. Use detailed inventories, consult an uncontested divorce lawyer and financial professionals if needed, and avoid major legal pitfalls in uncontested divorce.
Why DIY Divorce Agreements May Not Hold Up in Illinois Courts
A divorce may feel manageable as a DIY project, but this approach can carry serious traps. One pitfall is missing or incorrect paperwork. Simple errors such as missing signatures or improper forms can lead to the court delaying hearings or not hearing your case at all.
Meanwhile, spouses may misunderstand the law and think they should get 50% of everything or automatically get child support waived if they share custody. Courts in Illinois often require standard child support worksheets and use equitable division, rather than 50/50 division.
Even if both spouses agree on terms, a judge must approve the agreement. Courts may reject terms that deviate from norms without supporting rationale, especially for child support.
When to Involve a Divorce Lawyer in an Uncontested Case in Oakbrook Terrace
Working with an uncontested divorce lawyer helps avoid legal pitfalls in uncontested divorce. Lawyers ensure your paperwork is correct and that your agreement follows Illinois laws. There are many stages in which to bring a lawyer on board.
To Review or Draft Your Agreement
You could take a DIY approach for much of your divorce. However, having an uncontested divorce lawyer review the agreement helps catch errors. It ensures enforceability and makes sure that the agreement aligns with Illinois requirements.
If You Live Together
Filing for an uncontested divorce in Illinois while living together is possible. However, it can be tough emotionally and legally.
A lawyer can guide you through those nuances and help you be aware of common issues that come up when divorcing spouses live together, such as disputes over household expenses, blurred boundaries regarding parenting time, difficulties separating finances, and higher emotional stress that can lead to disagreements over the divorce.
If You Worry About Concealment
If you suspect your spouse may try to hide assets or liabilities, a lawyer can help. In an uncontested divorce, you can still address these concerns, if you handle them strategically.
For example, you can keep the case uncontested by agreeing to exchange documents informally rather than filing contested motions, unless necessary. Also, some couples bring in a jointly retained accountant to review bank records, investment accounts, and retirement funds to confirm completeness.
When Property and Debt Divisions Are Complex
Handling asset division can be complicated, especially since spouses often make direct and indirect contributions to the marriage. Even if a spouse did not physically contribute money to an asset, the spouse’s contributions may still deserve recognition.
The Cost of Oakbrook Terrace Divorces
How much does a divorce cost? Contested divorces typically cost more, but uncontested cases still involve filing fees and legal fees. Uncontested attorneys may charge flat fees depending on the complexity of a case. If the spouses share minor children, a business, or real estate, that makes their divorce more complex. That often increases the flat-fee costs of a split.
Mistakes in uncontested divorce are common, but that does not mean they are inevitable or cannot be fixed. However, it is much easier to fix mistakes before a divorce is finalized. Contact us at Erlich Law to talk about your case.
