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.
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:
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.
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:
You’ll need to file all the necessary
legal paperwork. (We’re here to help you get this organized.)
You and your spouse need to come to an agreement on all issues. Your Diamond Legal attorney can help you through
Draft a divorce settlement agreement that resolves issues related to marital property, debt, spousal support and, if children are involved, a parenting agreement.
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.
Final court order (judgment for dissolution of marriage).
Why Choose Diamond Legal?
Sorting through the complex and critical issues 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, we provide you with the guidance and support needed to resolve divorce issues using our decades of family law experience.
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 who are skilled in both litigation and negotiation, Illinois divorce law, and trial law. From simple uncontested matters to complex cases that are headed to the courtroom, our attorneys are ready to serve you and get you the closure you are looking for.