How Can I Complete an Uncontested Divorce in Illinois?

 Posted on October 19, 2021 in Divorce

Getting a divorce is not easy. When you got married, you probably expected to stay with your spouse for the rest of your life. Ending your marriage will not only require you to give up your expectations, but you may also experience difficulties as you work to establish yourself as a newly single person. Disputes with your spouse during the divorce process can add to these difficulties, making it harder for you to separate your lives from each other and move forward. To minimize disputes and complete the divorce process more quickly and effectively, you may wish to pursue an uncontested divorce.

Reaching a Divorce Settlement Without Litigation

A contested divorce generally involves litigation and possibly a trial during which witnesses will be called to testify, evidence will be presented, arguments will be made by each party’s attorney, and a judge will make the final decisions. This process can be very expensive and time-consuming. In most cases, spouses will prefer to resolve their issues outside of court. This will not only help them minimize conflict, but it can also allow them to reach agreements on divorce-related issues and create a settlement they can both be satisfied with.

If you plan to pursue an uncontested divorce, you and your spouse will need to work together to create a divorce settlement by negotiating with each other with the help of your respective attorneys. You may also use mediation to gain a full understanding of the issues you will need to address and reach agreements on how these matters should be handled going forward. A divorce settlement will address issues such as:

• Property division - All of the money and property you acquired during your marriage will need to be divided between you and your spouse. You will also need to determine how to divide the debts you owe. Depending on what assets are most important to each of you and what you both will need to support yourselves following your divorce, you can reach agreements on how you will be able to divide your property fairly. In some cases, you may need to work with financial experts to determine the value of certain assets and understand the benefits and drawbacks that come with the ownership of different types of property.

• Child custody - If you and your spouse have children together, you will need to determine how you will share custody going forward. Legal custody, which is known as the allocation of parental responsibilities, will address how the two of you will make important decisions for your children. Physical custody, which is known as parenting time, will address when your children are staying with each parent and where they will primarily live. As part of your divorce settlement, you will need to create a parenting plan that addresses all of these issues and other important matters related to your children. The decisions made about child custody will influence the child support obligations for both you and the other parent. 

• Spousal support - If one spouse earns a higher income, and the other spouse relies on them to meet their ongoing needs, spousal maintenance may be appropriate. You and your spouse can agree on whether spousal support will be paid, the amount of these payments, and the length of time they will last.

Contact Our DuPage County Uncontested Divorce Lawyers

At Farooqi & Husain Law Office, we can provide you with representation during the divorce process, helping you resolve your legal issues effectively. We will advise you of your options for completing an uncontested divorce, and we will help you negotiate a divorce settlement that will meet your needs. We can also help you determine whether pursuing divorce litigation may be the best option for your situation. To get the legal help you need during your divorce, contact our Oakbrook Terrace uncontested divorce attorneys today by calling 630-909-9114.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59