What is an Uncontested Divorce and Do I Qualify?
An uncontested divorce, also known as, “dissolution of marriage” is one in which both parties agree on all the issues, including the grounds for the divorce. As great as an uncontested divorce may be, most divorcing couples don’t qualify because they can’t agree on one or more issues. However, if you do agree, on all matters, an uncontested divorce may lead to maintaining a better relationship with your ex, and is often less expensive. There is no divorce waiting period for uncontested divorces in Illinois, and it is often finalized, in an average of approximately 60-days.
- Less expensive
- Shorter in duration
- Minimizes hostilities
Do I Qualify for an Uncontested Divorce in Illinois?
To qualify, one spouse must have lived in Illinois for at least 90 days, before the divorce or entry of the Judgement. Couples who qualify for an uncontested divorce, must agree on all issues including, but not limited to:
- Who gets the personal property?
- Who gets the house?
- Who will pay the marital debts?
- How much spousal maintenance/alimony will be paid?
- How will the retirement funds get divided?
- Who gets custody of the pets?
- Who gets custody of the child(ren)?
- How much child support will be paid?
- How much visitation and parenting time does the other spouse receive?
- How far away can the children live with the custodial parent?
- Who has parental responsibilities?
- Who makes the decisions about medical issues and schooling, etc.?
- Who pays the medical insurance for the child(ren)?
- Who pays for college, and can they go to a private more expensive college?
Do I Need to Go to Court, for an Uncontested Divorce, in Illinois?
The spouse who petitioned for the divorce will need to attend the final hearing. The other spouse is not required to appear, so long as they have signed all the official documents regarding the marital settlement agreement.
Do I Need a Divorce Lawyer for an Uncontested Divorce in Illinois?
Even if you and your spouse agree there are certain matters that are dictated by law, such as child support. A divorce attorney can help you make sure the marital settlement agreement meets all legal requirements and will likely be approved, by the Judge, once filed with the Court. A child custody attorney can be especially helpful in making sure important matters aren’t overlooked.
How do I file for an uncontested divorce in Illinois?
Here at Rockford Family Law, we can help you obtain the required paperwork, assist you in completing the paperwork accurately, and file it with the county clerk’s office. Your spouse will also be required to sign various documents.
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