Uncontested Divorce Lawyers in Chicago Helping You Settle Amicably

If you and your spouse have decided that divorce is the best option for you, settling matters quickly is the best way to close this chapter in your life and start moving on. An uncontested divorce may be the best option if you and your spouse generally agree on matters like child custody, child support, and property division. Fortunately, an uncontested divorce is the least complicated way to split up with your spouse, and the process generally moves fairly quickly.

With an uncontested divorce attorney on your side, you can file divorce paperwork and get the process started as quickly as possible. Our team of experienced divorce lawyers at Buchanan Law Group is knowledgeable in all areas of divorce and family law. For a free consultation and to learn more about our services, call (312) 248-6170.

What is an Uncontested Divorce?

An uncontested divorce is the right option if you and your spouse both want a divorce or if you don’t have any children or many assets. In an uncontested divorce, one spouse files the paperwork, also called the petition, to start the divorce process. A lawyer from our team can help you fill out the petition and deliver it as quickly as possible. The other spouse will receive that paperwork notifying them that the divorce process has been started, but they don’t need to respond in any way.

While filing for a divorce may sound simple, the process requires many documents and multiple trips to the courthouse. Filling out paperwork incorrectly or not filing the required documents can cause delays in the divorce case, which only prolongs the matter. Consulting an experienced law firm is the best way to quickly get through the uncontested divorce process. However, because of ethical concerns, it’s important to note that a divorce attorney can only represent one spouse in the process.

Hiring a divorce attorney also helps protect your rights if you are a spouse who has been served divorce papers. A divorce attorney from our team can review the divorce papers and ensure they are fair to you and any children you have. If you have any legal questions or are still determining whether your divorce papers seem fair, our team would be happy to review your case and develop a settlement that works for you.

What Are the Requirements for an Uncontested Divorce?

Even when a divorce is uncontested, there are some basic requirements that it must contain. Mainly, the divorcing couple must agree on all the major divorce terms.
These terms generally include:

•  Marital property division
• Alimony or spousal support
• Splitting responsibility for marital debts
• Child custody and parenting time
• Medical insurance for minor children, if applicable
• Child support
• Any other disputes involving the marriage

You and your spouse can agree to these terms on your own or use a mediator to help you reach an agreement. However, if you and your spouse disagree about any terms and cannot reach a consensus, you must litigate those terms in court before a judge.

How Long Does an Uncontested Divorce Take?

In most cases, uncontested divorces are faster than contested divorces. However, the entire process can take over six months or more to resolve fully. The timeline depends entirely on the issues within the divorce and whether your case requires a trial.

If you do not want to wait, you may be able to apply for a “joint simplified dissolution.” This is a special form of an uncontested divorce that moves much faster.

You and your spouse may qualify for a joint simplified dissolution if the following is true:

• You and your spouse have lived in Illinois for a least three months
• You have no children
• You have been married for less than eight years
• You and your spouse have lived separately for the last six months
• You agree to waive alimony permanently
• You don’t own a house
• You agree to an uncontested divorce based on irreconcilable differences

If you are unsure whether or not you qualify for a joint simplified dissolution, give our office a call today. We will evaluate your case and give you legal assistance to get your divorce filed as quickly as possible.

Do Uncontested Divorces Go to Court?

Typically, uncontested divorces do not go to court. This is because both spouses agree on the terms of the divorce, so there is no need for litigation in front of a judge. Many couples with young children prefer to file for an uncontested divorce so their children do not witness tension and stress from their parents.

If, however, you and your spouse disagree on any of the terms of the divorce, there is a chance that your case may go to court. If that’s the case, a judge will weigh in on the divorce terms and ultimately give a ruling. In that case, it’s essential to have a divorce lawyer for representation.

Should I Hire a Lawyer for an Uncontested Divorce?

Although uncontested divorces rarely go to court, hiring a divorce lawyer is still the best way to expedite the process and finalize your divorce. Without a divorce lawyer on your side, you run the risk of misfiling paperwork or making mistakes that can cost you time and money. A legal representative on our team will help you file paperwork correctly so there are no delays.

Please don’t feel like you have to go through this overwhelming time on your own. At Buchanan Law Group, we pride ourselves on providing our clients with compassionate, helpful legal services. For a free consultation and to learn more about us, call (312) 248-6170.