Do I have to go to court for uncontested divorce? If you and your spouse are able to agree on the terms of your divorce in Oakbrook Terrace, IL, you should be able to get the divorce finalized with minimal court involvement. Filing paperwork with the court is necessary for any type of divorce, and the court may require one appearance for the petitioner (the person who filed for divorce). The respondent typically does not have to appear, but can if he or she wants. In some cases, virtual hearings or appearance waivers are possible.
Erlich Law can guide you through the process of an uncontested divorce. Call us at 630-538-5331 to discuss your case.
How Does an Uncontested Divorce Work in Illinois?
All Illinois divorces are no-fault and granted due to “irreconcilable differences.” Both spouses need to agree they cannot save the marriage or that doing so would not benefit the family.
In an uncontested divorce, the spouses agree on all the issues of their separation. Common issues include the division of property, child custody, and spousal support. Due to the lack of conflict, the uncontested process can be faster and less stressful than a contested divorce.
Of course, instant agreement on the issues often does not happen. The spouses may need extensive discussions, negotiation, mediation, or other alternative dispute resolution methods to reach agreement. It helps if both spouses are willing to compromise, be respectful, and work toward a resolution in good faith.
To get an uncontested divorce, the petitioner submits a Joint Petition for Dissolution of Marriage. The couple may have worked out an agreement before the divorce filing, or can do so after filing.
The respondent has a time frame, usually 30 days, in which to respond and raise his or her own issues. If the respondent raises issues that need resolution, negotiations extend the timeline of an uncontested divorce.
When the respondent does not raise issues or objections, the divorce can proceed relatively quickly. It could be finalized in a few weeks or a few months.
One or both spouses must have lived in Illinois for at least 90 days before the divorce can be final. If the divorce paperwork is in order and the agreement seems fair, the court should grant the divorce with minimal involvement.
What If a Spouse Does Not Cooperate in an Uncontested Divorce?
A lack of cooperation in a divorce may mean the spouses cannot reach agreement. However, you can try mediation or seek legal assistance if your spouse does not seem willing to work toward an uncontested divorce.
Document your efforts to work with your spouse in good faith, as this tracking may help in court. If negotiations and mediation do not work, a contested divorce may be necessary. Sometimes, waiting a few more weeks or months can give the other spouse time to gain more composure and a clearer mind.
Is There Court Involvement in Uncontested Divorces?
There is minimal court involvement in uncontested divorces. For example, one spouse in Oakbrook Terrace still must file paperwork with the court. A judge still needs to review divorce agreements to make sure they are equitable.
In some cases, virtual hearings may be possible instead of in-person hearings. It is also possible for appearances to be waived.
Children younger than 18 years old make up about 21.6% of the population of Illinois. Couples who have no minor children and little to no marital property may qualify to file for a Joint Petition for Simplified Dissolution of Marriage. It lets them bypass a formal hearing and expedite the process. Many people do not qualify for this option, though.
Consulting an uncontested divorce lawyer is helpful in ensuring everything gets filed correctly and minimizes the chances of surprise issues arising. Even in uncontested divorces, a lawyer can assist with streamlining the timeline and offering peace of mind and emotional support.
How Long Does an Uncontested Divorce Take?
How long an uncontested divorce takes may vary, but often does not take more than a few months. The process can be quicker if both spouses keep an open mind, focus on working together, and file all required paperwork correctly. Legitimate, thought-through agreement is important, too, as last-minute disagreements probably will lead to delays.
Uncontested divorces typically mean minimal court involvement, but a busy court can mean a slight delay. For instance, any necessary hearings or document reviews depend on the court’s schedule.
Factors to Consider Before Filing Your Uncontested Divorce
Keep a few things in mind before you file for divorce that is uncontested:
Complete Agreement
To qualify for an uncontested split under Illinois divorce law, both you and your spouse must agree on all aspects. Common sticking points include asset division and child custody. Just one point of disagreement can mean more court involvement and a contested divorce.
Legal Representation
Uncontested divorces are often simpler than contested divorces. Still, it is helpful to work with an experienced family law attorney. A lawyer can guide you through the divorce paperwork, advocate for you, and ensure that the agreements are legally binding. The latter aspect can be especially important in splits that involve real estate, retirement accounts, and other high-value assets. If surprise complications such as hidden assets or financial discrepancies occur, your attorney can also handle them.
Having a lawyer reduces the risk of unbalanced agreements. One spouse may know more about the couple’s financial matters or exploit the other’s emotional state. Without legal representation, this imbalance can result in unfair settlements. A judge may approve unfair settlements for several reasons.
- A focus on making sure the agreement is legally valid. If an agreement has no obvious violations (such as giving one parent no contact with the child for no valid reason), a judge probably will approve it.
- Limited information. Judges have no way of knowing each party’s complete financial, mental, and emotional state. Judges have only so much information to work with to assess the fairness of a divorce settlement.
- Preference for settlement vs. litigation. Judges are likely to approve mutual agreements since they give couples the opportunity to have control over the terms of their split. Meanwhile, lengthy litigation often results in a court decision that makes neither party happy.
- Consent. Judges do realize that one party might agree to unfair terms to make the divorce get finalized quicker, and that is the party’s right. Judges try not to interfere in these types of matters unless they clearly violate the law.
Attorneys also understand that life circumstances change. Ensuring that your divorce settlement is flexible enough to account for future changes can save you time and money later. Even so, adjustments in income, child custody, or relocation may need a formal modification to your divorce agreement at some point.
It is a good idea to learn about how to choose the right family law attorney for your case. Figure out your needs and the complexity of your financial matters and other issues at hand. Prepare questions before the consultation to maximize your time. Try to discover the attorney’s approach to dispute resolution and ability to explain possible outcomes of your case. Discuss billing methods, and evaluate how well the attorney communicates with you.
The Benefits
There are many benefits to an uncontested divorce in Oakbrook Terrace. For example, a collaborative divorce is one approach. It encourages spouses to sign agreements to work together with their attorneys outside of court. If children are involved, collaborative divorces can lead to a better co-parenting relationship and less strain on the children.
Do I have to go to court for uncontested divorce? You may need to attend court briefly in an uncontested divorce, but that will be minimal compared with requirements for contested divorces.
It is important to be aware of the drawbacks of an uncontested divorce, too. If one spouse has a history of abuse or manipulation, agreements may not be in good faith or fair.
Emotional and Practical Considerations of an Uncontested Divorce in Oakbrook Terrace
An uncontested divorce is usually less stressful than a contested one. However, there are still emotional considerations when coping with divorce of any type. A support system can be a huge help, whether it includes counseling, support groups, friends, family, hobbies, or other outlets.
One practical aspect of an uncontested divorce may involve closing joint bank accounts, opening new solo accounts, creating a budget, and working with your lawyer to make sure the divorce agreement specifies all financial obligations. Doing this type of work properly helps set the ground for a smoother future.
Having an attorney for your divorce can mean fewer court appearances and more peace of mind. Contact us today at Erlich Law to talk.
