Should I Consider an Uncontested Divorce?

 Posted on January 13, 2021 in Divorce

In Illinois, divorcing couples have a few options when it comes to how they reach a resolution on issues including property division, parenting time and responsibilities, and child and spousal support. Perhaps the first option that comes to mind is a court trial in which each party is represented by an attorney, but this is not actually the most common method for resolving a divorce. In fact, the large majority of couples are able to settle their divorce out of court. In many cases, it is a good idea to consider whether an uncontested divorce would work for you before exploring other alternatives.

What is an Uncontested Divorce?

In an uncontested divorce, the two spouses agree not only on the decision to get a divorce, but also on all important matters that must be resolved for the divorce to be finalized. However, it is rare for a couple to reach this agreement without going through significant discussions and negotiations to figure out the details. Both parties can also choose to hire an attorney to advise them and help them protect their interests, but the right attorney can do so without escalating conflict in a way that may lead to litigation. After creating a written agreement, the couple can submit it to the court for approval so that the marriage is legally dissolved and the agreement becomes legally binding.

Is an Uncontested Divorce a Good Decision?

An uncontested divorce can be a good decision for many reasons. For one, it can help you and your spouse keep conflict to a minimum and avoid the public spectacle of a trial. You also have far greater control over the outcome in an uncontested divorce, as you and your spouse are able to agree on your own decisions rather than leaving them in the court’s hands. In many cases, an uncontested divorce can be resolved more quickly and with fewer expenses than a divorce trial.

That being said, an uncontested divorce is usually only possible when there is some degree of trust and civil communication between you and your spouse. Negotiations are likely to stall if you or your spouse is unwilling or unable to cooperate or compromise, and you may find that your only option is to proceed to a trial. Additionally, if you suspect that your spouse bears you ill will, or if there has been a history of abuse in your relationship, it is often better to bring these matters before the court, where your attorney can present your case and protect your interests.

Contact a DuPage County Uncontested Divorce Lawyer

At the Davi Law Group, we can provide legal guidance for your uncontested divorce or represent you in court if your divorce must go to trial. In all matters, we strive to achieve an outcome that protects you and your children and provides a solid foundation for your future. Contact a Wheaton, IL divorce attorney at 630-657-5052 for a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000