Getting divorced is rarely an easy process. Even if everything goes smoothly in court or you are able to settle out of court entirely, you are still ending your marriage. This can be a difficult change to accept. Some methods of divorce are easier than others, and you should prioritize the easiest and cheapest methods available to you. Pursuing an uncontested divorce is generally the easiest, and a Chicago divorce lawyer can help you figure out your next steps.

The Benefits of an Uncontested Divorce

When you realize your marriage is ending, your preferred scenario should be an uncontested divorce. In an uncontested divorce, both partners are willing to reach a mutually beneficial compromise and end things quickly, cleanly, and without turmoil. There may still be some personal contention between both partners, but that contention is overshadowed by a willingness to work together and find common ground. The goal is an amicable settlement.

By pursuing an uncontested divorce, you may be able to avoid common problems that arise throughout the divorce process. You can amicably work out agreements for spousal support, child custody, and asset division without much issue. Sometimes, in an uncontested divorce, you may not even need to hire a divorce lawyer to oversee the process. It’s still recommended that you do, as setbacks can always arise. An uncontested divorce is often cheap and easy to resolve.

The Negatives of a Contested Divorce

On the other hand, you may have to endure a contested divorce. Many people going through marital problems view a contested divorce as the worst-case scenario. It may be the culmination of years of pent-up resentment, betrayal, and mistrust.

When you decide to file and your spouse is served divorce papers, they may see it as a personal slight and may choose to make the divorce as miserable as possible for you. They could drag the divorce out on purpose and disagree with everything.

A contested divorce is the last thing you want when you decide to end your marriage. Unfortunately, the type of divorce you end up getting will depend entirely on the relationship with your spouse and how willing they are to be reasonable. A contested divorce is emotionally draining and can sometimes take years to finalize.

According to information from the CDC, Illinois has a divorce rate of 1.1 per 1,000 residents as of 2022. That means Illinois has one of the lowest divorce rates in the entire country, with the rate being considerably lower than the national divorce rate. Still, that doesn’t mean divorces are rare or even uncommon in the state.

If you are struggling with your emotions after your divorce, you should reach out to a Chicago divorce support group, such as DivorceCare. A support system is crucial during this life change.

The Uncontested Divorce Process

If you and your spouse are able to work things out well enough to pursue an uncontested divorce together, you must fulfill Illinois’s requirements. The process for filing for an uncontested divorce is far simpler and easier to follow than the contested divorce process, but there are still deadlines and paperwork to pay attention to. Here are some of the steps:

  • File Paperwork: To start, you and your spouse must mutually agree on all aspects of the divorce and file the petition together. At least one of you must have lived in Illinois for 90 days prior to filing. You will need to file a Joint Petition for Simplified Dissolution of Marriage and other required court forms.
  • Settlement Agreement: Once the papers have been filed, you and your spouse must reach a written agreement that outlines the terms of the divorce, including asset division, child custody, and any financial support. Each spouse must also fully disclose their finances.
  • Court Hearing: Both spouses must attend a hearing where a judge will look over their petition and approve the dissolution if the terms are deemed reasonable.

FAQs

Q: Do I Need a Lawyer for My Uncontested Divorce?

A: Technically, you do not need a lawyer for your uncontested divorce. If you and your spouse are able to work everything out and you know how to file the paperwork, you are within your rights to handle everything on your own. However, it’s recommended that you always hire a lawyer anytime you are dealing with legal strife. You never know when you might need legal support throughout this process.

Q: How Can Mediation Help With My Divorce?

A: Mediation can help with your divorce in many ways. Sitting down with a neutral third party can make you see things more clearly and appreciate different perspectives. If you are having disagreements with your spouse regarding certain aspects of the divorce, using a mediator can guide your discussion to a mutually beneficial conclusion. Mediation is still cheaper than litigation.

Q: Is My Divorce Going to Be Expensive?

A: The total expense of your divorce is going to depend on the details of your case. If you are pursuing an uncontested divorce, it’s highly unlikely that your divorce will start to get expensive. If your divorce is contested, it probably will. Everyone has a different definition of expensive, though. In an uncontested divorce, you don’t have to worry about litigation costs or a dragged-out divorce. Your lawyer can help you understand the total expense you’re dealing with.

Q: Is Illinois a 50/50 State for Asset Division?

A: No, Illinois is not a 50/50 state when it comes to asset division. Illinois follows the equitable distribution method, which ensures that both spouses receive a fair share of the assets relative to their financial situation. A fair share may not mean an equal share. The court considers the total length of the marriage, each spouse’s financial contributions to the marriage, and the needs of each spouse.

Reach Out to a Lawyer Today

An uncontested divorce is generally the easier path to handle when you decide to end your marriage. It may not be possible to go that route, but it never hurts to try. Your lawyer can help you figure out the right way forward for your circumstances.

At Stange Law Firm, we can help you determine whether your divorce is going to be contested or uncontested, and we can help you from there. Contact us to speak to someone about your case.