I Am Getting a Divorce. Can I Avoid Fighting It Out in Court?

 Posted on September 15, 2023 in Divorce

We are all familiar with what is considered a “typical” divorce. You have probably seen TV shows showing spouses screaming and refusing to give each other anything. In reality, however, there are many times when a couple wants to get divorced but is not interested in hurting each other. 

In such cases, an uncontested divorce can be the simplest way for both sides to get what they want. If you are considering divorce and you think you and your spouse can agree on all the issues involved, an Illinois uncontested divorce attorney can guide you on how to accomplish this.

What Is an Uncontested Divorce?

You and your spouse want a divorce, but that does not necessarily mean you cannot agree on how you would like to go about it. Sometimes, a couple can form a shared vision for their future after divorce. And sometimes, they can even agree on every aspect that would need to be settled in a divorce. That includes:

• parental responsibilities

• a parenting plan

• asset division

• the terms of their prenuptial and postnuptial agreements

• child support

• spousal support. 

If they can reach an agreement on every one of these factors, they can file for what is known as an uncontested divorce.

One thing to keep in mind is that the State of Illinois’ residency requirement for all divorce applies to uncontested divorce as well. That means you or your spouse need to have lived in the state for 90 days before you file. Otherwise, you are not eligible to file for divorce in Illinois.

What Are the Benefits of an Uncontested Divorce?

Although an uncontested divorce is still a divorce proceeding, it can save you a lot of time and money. How? 

• By filing a divorce this way, you can avoid much of the bureaucracy that comes with a court case. 

• You will have already worked out all the issues, so they will not need to be settled in a lengthy court process. 

• In a contested case, if one spouse does not do what the court has ordered within a specific timeline, the other spouse may need to pay more to keep the case moving forward. This does not happen in an uncontested divorce.

While every divorce is different, an uncontested divorce can be finalized relatively quickly.

Of course, the actual amount of time will depend on the court’s schedule and availability for your final hearing, but the entire process leading up to that stage can be carried out much quicker than with a contested divorce.

Call an Arlington Heights Uncontested Divorce Lawyer

If you and your spouse are considering a divorce but you think you will be able to agree on all the necessary issues, an uncontested divorce could be the best way forward for you. An Arlington Heights, IL divorce attorney at A. Traub & Associates can help guide you through the process. Call 847-749-4182 today.