If you have questions about an uncontested divorce in Lake County, Illinois, this FAQ may be useful to you. An uncontested divorce in Lake County is a divorce in which both spouses agree on all relevant issues at the beginning of the case, and the divorce is by agreement from start to finish. That’s the fastest and most affordable way to get divorced.
As a Lake County uncontested divorce lawyer, I wrote this FAQ to help you understand how to get an uncontested divorce in Lake County, Illinois.
Where do I get divorced?
There are multiple courts in Lake County, but if you want to get divorce, that can only be done at the courthouse in Waukegan, IL.
The address for the Lake County Court in Waukegan is as follows:
18 N County St.
Waukegan, IL 60085
[see Google Map]
Who can get divorced in Illinois?
Illinois has a residency requirement for filing for uncontested divorce in Illinois. Unless the marriage involves a same-sex couple that formed the marriage in Illinois, at least one of the spouses must have lived in Illinois for at least 90 continuous days before opening a divorce case. If you’d like, you can read Section 401 of the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA” and see the residency requirement for yourself [link to Section 401(a) of the IMDMA].
Who can get divorced in Lake County?
If the Illinois residency requirement stated above is met, then you can consider if your case can be filed in Lake County, Illinois. Generally, at least one of the parties must live in Lake County.
Do I need a lawyer for an uncontested divorce in Lake County?
Anyone can represent themselves in any legal matter- divorce or otherwise. If you want to save money in your divorce, I can see why getting divorced without a lawyer might be appeal. But you should consider some of these benefits to using a Lake County uncontested divorce lawyer.
- Normally only one trip to court
- Avoid time wasted filing the wrong documents, and then having to refile
- Know your rights – instead of relying upon anonymous internet sources and friends
- Have insight into possible future problems
What does a lawyer do in an uncontested divorce?
Some people want to know what a lawyer actually does in an uncontested divorce. Here are some of the duties:
- Help the client understand the topics about which the spouses must agree
- Inform the client about the law
- Look out for possible problems caused by the agreement between the parties
- Draft settlement agreements and other documents required by the court
- File the court documents
- Instruct the client regarding properly executing the documents
- Filing the case with the court
- Scheduling a court date
- Going to court to finalize the divorce
What is the process for a Lake County uncontested divorce?
AS you can see above, I listed some of the duties that can be undertaken by a Lake County uncontested divorce lawyer. But I noticed many people are interested in the process for an uncontested divorce in Illinois. So I’ve come up with the below, simplified version of the process from the client’s perspective. It really doesn’t have to be more complicated than this;
- Retain uncontested divorce lawyer
- Send information to lawyer
- Review drafts from lawyer
- Sign documents per lawyer’s instructions
- Go to court to finalize the divorce
As a Lake County uncontested divorce lawyer, I hadn’t aspects of the case you don’t need to worry about. I try to make an uncontested divorce fast and affordable.
Can I get a Lake County divorce for a flat fee?
Yes, it is possible to get an uncontested divorce in Lake County for a flat fee. The reason this works is that for an uncontested divorce in Lake County, a lawyer can specifically define the work that will be required.
Directly above I described some possible duties a lawyer might take in an uncontested divorce.
How much is an uncontested divorce?
As I mentioned before, an uncontested divorce is the fastest and most affordable way to get divorced in Lake County. But that doesn’t mean the cost of an uncontested divorce is the same for everybody. Different cases involve different amounts of work. Here are some of the factors that can influence the cost of an uncontested divorce:
- Real estate
- Splitting retirement accounts like 401ks or pensions
There are some lawyers out there who might quote a flat fee without knowing anything about your case. But personally, I wouldn’t hire that type of lawyer. Why not? Well, that lawyer will probably limit the work that is done to be appropriate for the flat fee that is offered. So what happens if the work that needs to be done is very high because there are complicated issues with kids, real estate, or retirement account division? If that’s the case, the lawyer might not put enough work into the case, and will instead of a shoddy job because the flat fee was to low.
To avoid these types of problems, I choose ask my prospective clients a few questions before quoting a flat fee. Then, I can quote a flat fee that actually makes sense for the type of case.
What can stop me from getting an uncontested divorce?
The most important factor that determines whether or not someone can get an uncontested divorce is whether or not the two spouses are in agreement. That may seem like a silly, obvious statement. But some people are so hopeful that they can come to an agreement with their spouse that they forget that sometimes it can be hard to reach an agreement.
For example, people will call me and describe what type of agreement they wish to reach. I’ll ask “Has your spouse agreed to all that?” And the person might say, “I think so, but I haven’t talked to her in 5 years.” Long story short, simply thinking someone will agree is not enough – that other person must actually agree, and must actually signg the necessary documents.
Assuming you have an actual agreement, and meet the Illinois residency requirement, then you should be able to get a fast and affordable uncontested divorce in Illinois.
You can get an unconested divorce even if . . .
- You have kids
- You have real estate
- You own a business
- You need to divide a retirement account
- Your are wealthy
If you want to know a bit more about some issues to consider in an uncontestd divorce check out the article at this link.
How long does it take to get divorced in Lake County?
Lake County is on of the more speedy counties around. I’d say the average length of most cases is about one month. Of course, some can take longer, some shorter. There are several factors that influence how long your case will take. Some of them are below:
- How fast you send requested information to your lawyer
- The court’s schedule
- Your lawyer’s schedule