McHenry, Illinois
Uncontested Divorce
Divorce in McHenry Illinois doesn’t have to be messy. In fact, there are some occasions where you can work with your spouse to agree on almost everything and just have your lawyers do the paperwork.
Do I Need an Attorney?
We’re glad you asked! Technically, you can fill out the paperwork for an uncontested divorce yourself, but it’s a very detailed process – and if you don’t know the right questions to ask, you can end up spending a lot more time and money than you anticipated.
We’re here to help. Schedule your call today!
Sadly, many couples going through a divorce don’t understand the options that are open to them – options like uncontested divorce.
Just because you are not arguing about anything, does not necessarily mean that the divorce process will be simple, however. There still could be a lot of paperwork or a complicated legal process with very specific steps.
At Diamond Legal, we’ve been helping Illinois families navigate divorce and family law issues for decades, and we’ve seen it all.
Learn more below about how our team of attorneys at Diamond Legal can help you make this process as quick and as painless as possible.
What is an Uncontested Divorce?
An uncontested divorce is simply when a couple who is parting ways agrees on all the major issues.
If you both agree that you want a divorce, you can’t call it an uncontested divorce until you have decided on all the major issues, including:
- Child Custody
- Child Support
- Alimony (spousal support)
- Division of Assets
- Division of Debt
In some situations, you start the process thinking that you have an agreement on all these issues, but when you start hashing out the details things might become
a little heated.
This is where we come in.
When the uncontested divorce does go according to plan…
…there can be a lot of benefits, including:
- Cost: You don’t have to pay for extensive legal fees and court costs required to fight about things.
- Time: Your divorce can move along more quickly because you are not spending extra time in court or gathering evidence to prove your point.
- Privacy: If you are arguing about things in court, they can become part of the public record and accessible to nosy neighbors, friends and family members. An uncontested divorce can be negotiated privately and the public information can be limited to what is only necessary for the legal part of the proceeding.
- Control: Once you argue about things it is up to the judge to make the final decision. If they are having a bad day or don’t follow the law, you can end up spending a lot of money trying to get them to change their decision. When you settle things ahead of time you have more control over the result which can reduce a lot of stress and anxiety.
Remember:
Anything that you, your spouse, and your attorneys cannot work out during the agreement process will usually have to be discussed, or argued, in open court that can be open to the public and sometimes even live streamed online.
By deciding to undertake the uncontested divorce process and agreeing to work together to solve your differences, you can avoid a lot of the expense and court dates that come with a contested (or litigated) divorce.
The Uncontested Divorce Process in Illinois
There is no waiting period for an uncontested divorce in Illinois as long as at least one of the parties meet Illinois’ residency requirement: living in Illinois for at least 90 days before filing for divorce.
Here’s how it works:
1.
You’ll need to file all the necessary
legal paperwork. (We’re here to help you get this organized.)
2.
You and your spouse need to come to an agreement on all issues. Your Diamond Legal attorney can help you through
this process.
3.
Draft a divorce settlement agreement that resolves issues related to marital property, debt, spousal support and, if children are involved, a parenting agreement.
4.
Hearing in court in front of the judge with one or both of you present, or in the alternative filing affidavits instead of going to court.
5.
Final court order (judgment for dissolution of marriage).
How Long Does the Uncontested Divorce Process Typically Take in McHenry County and What Legal Requirements Must Be Met?
The duration of the uncontested divorce process in McHenry County and the legal requirements that must be met are influenced by several factors. Hiring a McHenry Illinois uncontested divorce lawyer is crucial in navigating the legal process efficiently. An experienced attorney from a reputable law office, such as Diamond Legal in McHenry, can provide clients with the best representation during this difficult time.
An uncontested divorce in McHenry, IL usually involves both spouses agreeing on all key aspects of the divorce, including child custody, child support, and division of assets. Since the spouses are in agreement, the court system typically processes these cases faster than contested divorces. However, the time frame can vary depending on the complexity of the family law matters involved, the efficiency of the court system, and how quickly both parties can finalize their settlement agreement.
To qualify for an uncontested divorce in McHenry County, Illinois, spouses must meet specific legal requirements. These include residency requirements, having an agreement on all major issues, and ensuring that all documentation is properly filed with the court. IL divorce lawyers focusing on family law can guide you through these requirements to ensure a smooth process. Divorce lawyers at Diamond Legal, located on Elm Street in McHenry, are well-versed in the nuances of McHenry Illinois family law and are committed to providing legal support tailored to each client’s needs.
An uncontested divorce typically avoids lengthy litigation and trial, as it emphasizes negotiation and mutual agreement. However, it is essential to have a legal advocate to protect your interests and ensure the outcome is fair. Divorce and family law attorneys with extensive experience in divorce family law practice areas work closely with their clients to achieve the best possible results while minimizing stress and fees. If you are considering an uncontested divorce, contact a McHenry Illinois uncontested divorce attorney to schedule a free consultation and secure your future.
Why Choose Diamond Legal?
Sorting through the complex and critical issues of a transition in your life can be painful and intimate.
Your attorney is your ally, friend, and legal advocate.
Selecting the right lawyer will make a world of difference in the outcome of your divorce.
At Diamond Legal, a full-service law firm, we provide you with the guidance and support needed to resolve divorce issues using our decades of family law experience. As a leading McHenry Illinois divorce attorney, we understand the complexities of family law cases, including child custody, child support, and spousal support. Our team includes divorce lawyers who have practiced law extensively in McHenry County, Lake County, Kane County, and across Northern Illinois.
Communication is an art, and we take the time to really listen to what you have to say. We will ask you about your personal and financial goals and help you create a plan to achieve them while protecting your rights and interests along the way. Our legal team includes family lawyers skilled in both litigation and negotiation, Illinois divorce law, and trial law.
Attorney Samuel J. Diamond, a licensed attorney and graduate of the John Marshall Law School, leads our experienced team. From simple uncontested matters to complex cases headed to the courtroom, our attorneys are ready to represent spouses in McHenry County divorce proceedings, as well as in Kane County, Lake County, and beyond. We also offer a free consultation to help you navigate issues affecting families during this difficult time. Whether you are going through a divorce, facing post-decree modifications, or dealing with probate or estate planning, we are committed to providing effective representation and personal service.
