Tag Archives: uncontested divorce

IL divorce lawyerDivorce is sometimes a bitter and contentious legal battle, with each party fighting over every single term. It does not always have to be this way, though. In fact, in many cases, the couple is able to get through the process amicably and even co-parent their children civilly once they are apart. Although an amicable divorce is what most people strive for when they start the process, it is not the same thing as an uncontested divorce. From a legal standpoint, it is very important to understand the difference.

What Is an Uncontested Divorce?

An uncontested divorce is one in which the couple agrees to the terms of the divorce. They are able to enter into an agreement about property division, child support, maintenance, and all other terms. In an uncontested divorce, each party enters into the agreement without needing to go through mediation or litigation.

Uncontested divorces have many benefits for couples. The process is much shorter, and much less expensive, and gives the two spouses total control over the process. However, when a couple disagrees on even one term of the case, it then becomes a contested divorce, even if it is an amicable one.

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IL divorce lawyerNearly everyone has heard of a friend or family member that has gone through a nasty divorce. It can seem as though this is the only way to get a divorce, but that is not true. Uncontested divorces are those in which both parties agree to all terms of the divorce and they simply draft an agreement reflecting those terms. Couples often seek uncontested divorces because they allow the parties going through the process to do so with less stress in a shorter amount of time, and it also allows them to save money during the process.

Willingness by Both Parties

If even one party in a divorce is intent on dragging out the process and making it as difficult as possible, an uncontested divorce is not possible. To get an uncontested divorce, both people must be willing to remain open, reasonable, and objective. It is crucial that differences are put aside, which is often challenging in a situation when emotions run high. Still, this is the most important element when trying for an uncontested divorce.

The Right Attorney

Just because a divorce is uncontested and agreed upon does not mean that spouses cannot use an attorney. In fact, each spouse can and should have separate representation to ensure that their rights are being upheld. However, choosing the right attorney is of paramount importance. Some lawyers are so focused on taking a case to trial that they cannot move from the mindset of a litigator to that of a collaborator.

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IL divorce lawyerGoing through a divorce is a very difficult and emotional process. It is hard to say good-bye to the person you thought you would spend the rest of our life with. However, along with the many emotions you will feel during this time, you will likely also have other concerns, including the cost of divorce. It is well understood that divorce is often expensive and it is not uncommon for those going through it to wonder just how much their divorce will cost. Although no one can determine how much a specific divorce may cost, there are some common factors that will always affect the cost of a divorce.

Whether the Divorce is Contested or Uncontested

The more contentious a divorce is, the more a divorce will cost. Divorces that involve spouses that cannot agree or compromise will typically go through litigation, which is a lengthy and expensive process. Not only does the length of a divorce affect the cost, but when a divorce goes to court, there are also additional fees, such as court costs. Also, during a litigated divorce the parties involved are subject to the schedule of the court, which can make the process take much longer. A divorce in which the two parties can agree to all terms will proceed much more quickly and cost much less.

When the Divorce Involves Children

Typically, divorces that involve children are typically more costly than divorces that do not. This is for many different reasons. The first is that divorces that involve children involve many more issues, such as child custody and child support. These issues will make the divorce take longer, which will make it more costly, as well. The second reason divorces that involve children cost more is because issues related to children are the most contentious of any divorce. This often means divorces involving children are contested, which makes them cost more.

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uncontested-divorceDissolving a marriage doesn’t have to be traumatic or filled with conflict. Many spouses are able to agree to a divorce and property split without going to trial. In an uncontested divorce both spouses agree on all of the issues including property division, support payments, and custody and parenting time. However, there are still several steps to go through before your divorce will be finalized.

Steps to Getting an Uncontested Divorce

The first step is to make sure at least one of the spouses meets the requirements to file for a divorce. After January 1, 2016, most couples will only have to meet the residency requirement. This means that one of the spouses must have lived in Illinois for the 90 days prior to filing for divorce.

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filing for divorce, contested divorce, divorce tips, DuPage County divorce attorney, file for divorce, filing for divorce in january, uncontested divorceJanuary is National Divorce Month. In DuPage County and Cook County, Illinois, January is the most popular month in which to file for divorce. February and March follow closely behind.

Why is January so popular for divorce filings?

Typically, parents refrain from filing for divorce at the beginning of a school term because it is too disruptive to the children. Additionally, the holidays, such as Thanksgiving, prevent couples from filing because they want to protect their children's memories and do not want their children to associate the holidays with the divorce of their parents.

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