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Nearly 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.
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.
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.
Unfortunately, the last element of uncontested divorces is also the hardest for the parties going through the divorce to control. Uncontested divorces require certain circumstances and without those, an agreed-upon divorce likely will not be possible. A divorce after a lengthy marriage is often not suitable for an uncontested divorce because the emotions are typically much higher in these situations. Complex marital assets, such as a business, or simply a great number of marital assets can also cause divorces to become hotly contested.
Issues such as child custody and spousal maintenance also often prevent couples from getting an uncontested divorce because one spouse is typically reluctant to agree to these terms. Lastly, when one party is more responsible for the breakdown of the marriage, such as when one spouse had an affair or is abusive, an uncontested divorce is likely not possible.
Uncontested divorces bring many benefits and are ideal for many people, but they are not always possible. If you are considering divorce and are weighing your options, our skilled Hinsdale divorce lawyers at the Law Office of Martoccio & Martoccio can help. We will review the facts of your case, advise on which method of divorce is suitable for you, and walk you through every step of the process. When you need legal help, call us at 630-920-8855 or complete our online form to arrange a free consultation with one of our knowledgeable attorneys.