The 5 Biggest Questions About Uncontested Divorce in Illinois

 Posted on August 27, 2019 in Divorce

Getting an uncontested divorce sounds fairly simple. In fact, these are typically the least complicated divorces in Illinois because both spouses agree to the terms of the divorce; however, this type of divorce isn’t always straightforward or uncomplicated. Any couple facing a divorce, even one that is uncontested, is going to have questions. Below are the five most common issues that come up in uncontested divorces:

Can We Use the Same Lawyer?

One lawyer representing both sides in any legal matter is a major conflict of interest. While both spouses may consult with a single attorney as they proceed with the divorce process, the attorney can only represent one spouse during the divorce proceedings. In order to ensure that both parties’ rights are protected, you and your spouse should use different attorneys that will represent each party’s separate interests. Even during an uncontested divorce, you will need legal advice on the steps to take and an advocate who will stand up for your rights.

How Long Does an Uncontested Divorce Take?

This will depend on the timelines followed in your local family court, which can range from as little as two weeks to up to two months. In addition to the court timelines, there are other factors that will affect how long your divorce will take. These include the court’s schedule and how long it takes:

• To deliver necessary information to your lawyer;
• Your lawyer to draft the necessary documents; and
• You and your spouse to sign the documents and deliver them to your lawyers.

What if My Spouse Does Not Agree?

You may go into an uncontested divorce thinking the process will be fairly easy. However, somewhere along the way, disputes may arise in which you and your ex-spouse do not agree to certain terms, or one spouse may even disagree with the divorce altogether.

When this is the case, an uncontested divorce will no longer be possible, and you will need to use mediation or litigation to resolve your disputes and complete the divorce process. In some cases, the attorneys for both sides may be able to work together and help you and your ex reach an agreement and continue with your uncontested divorce.

How Much Does an Uncontested Divorce Cost?

One of the best things about uncontested divorces is that they can result in cost savings for both parties. Typically, an uncontested divorce can be finalized much more quickly and easily than a disputed case that involves multiple court appearances, although there are factors that can influence the cost. If you and your ex-spouse have children together, if either of you owns a business, or if you own real estate, these issues can increase the cost of an uncontested divorce.

How Much Can I Get in Spousal Maintenance or Child Support?

Divorcing parents will typically recognize the need for child support to ensure that their children’s needs will be met, but they may not agree so easily about whether one spouse should pay spousal maintenance. You and your ex may disagree about whether the lower-earning spouse is eligible to receive maintenance or about the amount or duration of support payments. Just as Illinois law contains guidelines used to calculate child support obligations, the same is true for spousal maintenance. Your attorney can help you understand the eligibility requirements for spousal support and how the amount and duration of alimony are determined.

Have More Questions? Contact Our Inverness Uncontested Divorce Lawyer

Divorce is a difficult thing to go through, and the process of dissolving your marriage can quickly become complicated, even when the divorce is uncontested. If you are considering a divorce, you likely have questions, and dedicated Rolling Meadows family law attorney Nicholas W. Richardson can provide answers. He will fight for your rights and help you get the best outcome possible. Contact our office today at 847.873.6741 for your free consultation.

Resources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

http://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm