The Advantages of an Uncontested Divorce in Illinois

 Posted on December 31, 2020 in Divorce

When people hear the word divorce, they might automatically think a couple is fighting to the bitter end with a lot of drama and chaos. Although that can be the case, it is possible for some couples to end their marriage amicably and without conflict. This can be especially important when children are involved, since they may have a difficult time understanding why their family unit as they know it is over. Regardless, there are still many decisions to make in an Illinois divorce. In an uncontested divorce, couples do not have to go to court to resolve these issues.

Retains a Level of Control and Privacy

As is the case in most other states, an uncontested divorce in Illinois means a dissolution arrangement in which both spouses agree to divorce without objections. Both spouses generally accept the major terms, and there is no need to hash out the details in court and have a judge make the determinations in a public forum. A few of the main terms that need to be negotiated by couples before a divorce is finalized include:

• Division of assets and property acquired during the marriage
• Division of financial debts and other liabilities
• Child custody (allocation of parental responsibilities)
• Parenting time (visitation) schedule
• Child support
• Spousal maintenance (alimony)

Saves Time and Money

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) includes the provisions and procedures for both contested and uncontested divorces. Unlike in other states, there is no waiting period in Illinois to file for divorce. However, only applicants who have lived in the state for at least 90 days can file for divorce in an Illinois court. When a couple reaches a mutual agreement on the terms of their divorce decree, the timeframe for finalizing the paperwork can be shorter compared to when there is constant arguing or disagreements. By avoiding court costs and dates, both parties save valuable time and money.

Helps the Children Adjust Better

Children of parents who are divorcing often take the news of the split hard. Younger kids and even teenagers can have difficulty accepting that they will not all be living together as a family anymore. They may not be able to comprehend why their parents cannot resolve their differences or overcome their problems. When both spouses are cooperative and agreeable, it makes the transition much easier for the kids.

Contact a Northwest Cook County Family Law Attorney

Most couples do not take the decision to divorce lightly, especially if they have children together. There are many benefits to an uncontested or amicable divorce, as it can be quick and somewhat seamless compared to a contested divorce. At The Law Office of Nicholas W. Richardson, P.C., we are committed to resolving family law issues in a timely manner. Attorney Richardson has assisted clients with a wide variety of family law matters. Our qualified, compassionate Mt. Prospect divorce lawyer will advocate on your behalf to find a solution that fits your unique situation. To learn more about how we can assist you, call us today at 847.873.6741.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=5200000&SeqEnd=6000000

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59a