Divorce is rarely a painless process, but there are ways to minimize the complications and keep the timeline short.
Whatever your reason for wanting a divorce, there’s no reason to drag it out. Obtaining a quick, neat, and tidy divorce in Illinois is possible for anyone. Our team at Diamond Divorce has been helping the citizens of McHenry, Illinois through their divorce proceedings for decades.w
Read on to learn from our team the fastest way to get a divorce in Illinois.
Contested vs. Uncontested Divorce
There’s a lot of legal speak that centers around divorces, but one of the main things to understand is the idea of a contested divorce vs. an uncontested divorce.
While you may find it hard to agree on many things, an uncontested divorce is when you and your spouse agree on all issues, such as custody arrangements, division of assets, etc. When you come to the table for a much faster, uncontested divorce, the assumption is that these details are already worked out between the two parties.
A contested divorce means that you are not in agreement on everything. Sometimes this could be one or two small issues. Other times it can be multiple large issues. We have seen cases where people spend thousands of dollars on the issue of who gets the dog named Ralph, while, in other situations, we have seen cases involving millions of dollars of marital assets, divided assets and no contested issues.
If you have a contested divorce, you may need to go through the discovery procedures to get all of the evidence and information you need to present your side of the case.
Some discovery procedures are as follows:
- Interrogatories: Written questions answered by the other party under oath;
- Requests to Produce: Formal requests to produce documents and records;
- Depositions: Examination of the other party or others for discovery purposes. This involves the taking out-of-court oral testimony of witnesses that may be reduced to a written transcript for later use in court or for discovery purposes;
- Subpoena of Records or Documents: A court order requiring a person to produce books, documents or other records under his or her control at a specific time and place; and
- Financial Affidavits: A document that discloses a party’s income, expenses or assets. In Illinois, there is a standard financial affidavit for most family law matters.
The discovery procedures may be just the first step in preparing a case for trial.
There are numerous other steps and procedures prior to the actual hearing or trial in front of a judge.
Ultimately, the judge will decide all contested issues, whether it is who gets the dog (Ralph) or division of other marital property such as the marital home or investments.
How to Get an Uncontested Divorce in Illinois
In Illinois, you are now able to complete an uncontested divorce without even going to court. This can be done if both parties are in agreement on all issues and file all of the correct papers and affidavits.
The documents that will be needed will be:
- A petition for dissolution of marriage;
- A written stipulation by the other party agreeing to the terms;
- A formal appearance by the other party;
- A written settlement agreement;
- In cases involving children, a written Allocation Agreement (which is an agreement relating to parenting time and decision making);
- A stipulation that the matter be heard as a default matter;
- A written judgment and dissolution of marriage incorporating the marital settlement agreement and allocation agreement; and
- A few more affidavits showing that the parties are in agreement with the uncontested divorce.
In some jurisdictions, like McHenry County, the judge may complete the divorce by reviewing the documents without hearings.
Just like that, you’re done! We’ve had cases where people have never left their couch from the time their divorce case started to the time it finished.
No matter what your reasons are, a quick divorce can mean less hassle for everyone and the ability to move forward with your life, no strings attached.
Contact Diamond Divorce to learn more
At Diamond Legal, we can help you through this process and get things done right. This will help you avoid time consuming and costly mistakes. Ready to get started? Contact Diamond Divorce to schedule your first consultation.