Uncontested divorce is one of the most popular options for spouses who choose to separate. It does not carry the extreme simplicity and ease in division of assets as a joint simplified dissolution of marriage, but it is simpler than a contested divorce.
The Illinois Marriage and Dissolution of Marriage Act
provides for a number of options for ending your marriage. One of these is known as an uncontested divorce. An uncontested divorce simply means that you and your divorcing partner agree to all aspects of the marriage dissolution. In order to petition for a simple uncontested divorce, you must meet all of the following:
- You have not filed for divorce in another state;
- You do not own any real property (ex: a house) that was bought during the marriage;
- You are only asking for child support or no support;
- You and your spouse do not have a pension;
- You do not have a pending paternity suit; and
- Both of you have been Illinois residents for at least 90 days.
The Advantages and Disadvantages of Uncontested Divorce
An uncontested divorce is made simple by the fact that there is no negotiating between the parties; however, this does present significant complications in certain cases. If at least one thing is in question or is contested (even the smallest piece of property), then the divorce is no longer considered uncontested. “Simple uncontested divorces” are also rare because very few couples lack at least one of the following: retirement investments; real estate; or children. Typically, at least one of those is present in the marriage. However, this does not mean you cannot have an uncontested divorce. If you have children, property, real estate, or retirement investments with your spouse, you both must reach a fair division of property and/or child custody/support agreement in order for your divorce to be considered uncontested. The same applies to any debts you may share with your soon to be ex spouse.
The advantages to an uncontested divorce are efficiency and speed. Often an uncontested divorce may only take weeks to process. You may receive the closure you need without the long, drawn out, divorce fight. However, in order to have a successful uncontested divorce, it is important you speak with an experienced divorce attorney. They will help iron out any details and ensure that all key portions of the petition are truly uncontested.
Contact an Attorney Today
Divorces, even uncontested divorces, are not without their challenges. You will need an experienced divorce attorney to walk you through the process. Don’t hesitate to reach out to the dedicated DuPage County divorce attorneys
at our office if you need assistance separating from your spouse.