Uncontested Divorce: Do You Really Need a Lawyer?

Our team talks with people every day who are either considering filing for divorce or going through one. Many people that we talk with ask about whether they are eligible for an uncontested divorce, and some wonder whether they actually need a lawyer.

These are very good questions – and while we can’t provide an answer for every situation in a blog post, we can give you a better idea of how the process works. Of course, if you have questions and would like to speak with a member of our legal team, just give us a call – we’ll get you scheduled quickly!

To answer the first question, “Do I need an attorney to file for uncontested divorce?” – technically, you can file the paperwork yourself. Illinois law allows you and your spouse to file pro se, or on your own. A better question may be, “Should I hire an attorney to file for uncontested divorce?”

The answer is often a resounding “yes”. In this article, we’ll walk through more of the details and discuss why it’s beneficial to have an attorney by your side.

What Is Uncontested Divorce?

In Illinois, the following items are required to file for an uncontested divorce:

• Agreement on all issues: both parties must agree on every issue, ranging from child custody and parental responsibility, to child support and spousal support (alimony), to division of assets and more.
• Residency: one spouse must have lived in Illinois for 90 days or more.
• No waiting period: there is no waiting period in Illinois, but you must fulfill the residency requirement before filing.

The residency requirement is usually easy to meet, but the agreement on all issues is where many couples find their challenges. Even when both parties agree that their marriage is irreconcilable, and even when they initially agree to cooperate on the terms, most couples find that they disagree on something when it comes to figuring out the details. (Often, they disagree on multiple things.)

Whether this is something complex like parenting schedules or division of assets or something relatively simple like who gets the dog or the TV, it’s rare that a divorcing couple agrees on absolutely everything.

When those disagreements happen, it’s very helpful to have an experienced attorney on your side who can take over the negotiations for you.

Common Misconceptions About Uncontested Divorces

Many of us have two pictures of divorce in our minds: 

1. The knock down, drag out fight where one party tries to take the other for all they’re worth, or
2. A fairly peaceful discussion and signing of agreements, after which everyone moves on peacefully.

The truth is that most divorces lie somewhere in the middle. A couple may start out wanting to divorce amicably, but find out that they have disagreements that require their lawyers to negotiate various terms. Another couple may be at each other’s throats, but decide that “wanting to get even” just isn’t worth the time and court costs.

Family law attorneys are skilled at helping people across that spectrum. They know the details of the law and the strategies to protect their client’s rights.

Here are some common misconceptions about uncontested divorces:

• “Uncontested means no need for legal help.” Unfortunately, this often isn’t the case. While litigation may not be needed (meaning no time arguing it out in court), negotiation is often required to come to a full agreement.
• “All uncontested divorces are easy.” Divorce is never easy – but some are easier than others. It’s still a complex process, though.

“DIY divorce is always cheaper.” If only this were the case! Sadly, we have worked with clients who tried a DIY divorce only to find that it costs them months (or even years) and thousands of dollars more than if they had hired an attorney to begin with. Of course, we do everything possible to help them fix what went wrong, but the one thing we can’t do is turn back the clock.

Pros and Cons of Handling an Uncontested Divorce Without a Lawyer

Like any legal matter, there are pros and cons to handling your divorce by yourself, without the help of an attorney.

Pros:

• Cost savings: The main reason many people choose to file pro se, or on their own, is the upfront cost savings. Not having to pay a legal fee is often tempting.
• Simplicity: Some people believe it will be simpler to divorce without having attorneys in the mix. While this is sometimes the case, things can get out of control quickly when trying to unwind two lives.

Cons:

• Legal expertise: Not hiring a lawyer means that you have to navigate all the details on your own, even when tempers flare or stress runs high. Even a “simple” divorce is complicated – and not knowing the right questions to ask or details to look for can make the process even harder.
• Paperwork errors: The paperwork for a divorce (even an uncontested one) is complicated, and there are a lot of details to hash out. Not completing or filing the legal paperwork correctly can cost you a lot more time and money down the line.
• Unforeseen issues: While it would be nice if every divorce went “according to plan”, the plain truth is that most don’t. Unanticipated complications often arise, and when they do, it’s often best to have an experienced lawyer on your side to handle them for you.

There are some couples who truly can navigate an uncontested divorce on your own, but the reality is, most will need legal representation. Having a lawyer who can walk you through the questions you may not know to ask, help you anticipate potential missteps, and be there to negotiate the disagreements that are likely to arise is often well worth the flat fee.

And if things take a turn for the worse and your divorce becomes contested (meaning that litigation may be necessary), you’ll have an attorney who knows the details of your case ready to protect your rights and your family.

Benefits of Hiring Diamond Legal to Handle Your Uncontested Divorce

Now that we’ve gone through the pros and cons of not hiring a lawyer, what are the benefits of hiring one to handle your uncontested divorce?

Good question! Here are some of the major benefits;

• Ensuring accuracy: Legal forms and paperwork are really never simple, especially if you’re not used to working with them on a daily basis. Having a team on your side who works with those forms day in and day out is often well worth the cost.
• Legal guidance: Even when you and your spouse initially seem to agree on the terms of your divorce, as you dig deeper into the process, you’ll often find that disagreements will pop up. You’ll also often find that new issues will pop up that you hadn’t anticipated and aren’t sure how to handle. When that happens, it’s good to have a solid legal team on your side.
• Time savings: A common misconception about divorce lawyers is that they’ll drag everything out in order to charge you more money. While there might be firms that will do that, the Diamond Legal team never will. Our uncontested divorce representation is based on a flat fee – and while we can’t control what decisions your spouse will make, we will do everything possible to move things along.
• Future protection: Our goal is to protect you not just in the short term, but to protect your family, your assets, and your rights for years to come. When there are missteps that could cost you in the future, we’ll alert you to them – and we’ll let you know whenever there are issues to discuss that could affect you down the road.
• Saving money: While hiring an attorney will cost more money on the front end, it can actually save you a lot of money down the road. 

Whichever decision you make, we encourage you to talk with an attorney before filing for divorce so that you can make the decision that really will work for you. Give us a call today – our team will listen, get some information about your situation, and schedule you quickly with an attorney.

DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.