You may have heard that an uncontested divorce in Illinois is likely the best way to end your marriage. But as a Chicago divorce lawyer, I know the process can seem daunting. So this article is meant to explain the process of an uncontested divorce in Illinois.
Uncontested divorce process:
- Meeting with a divorce lawyer: As your divorce lawyer, I will interview you and determine the relevant information. Meeting in person is often not necessary. Most information-gathering can be done on the phone, or online.
- Drafting the paperwork: As your divorce lawyer, I draft all the paperwork and forms. This include a petition for dissolution (what start’s the process), a marital settlement agreement (MSA), a joint parenting agreement (JPA) (if necessary), and a judgement for dissolution (the court order that says you are divorced). I also prepare numerous court forms that must be properly executed and filed.
- Reviewing paperwork: You review the documents I draft. Once you approve, your spouse reviews the documents, and signs where necessary.
- Filing paperwork: With the the process I used, all the paper work is filed at once, for a streamlined process.
- Finalizing the divorce: An uncontested divorce is finalized through a court appearance called a “prove up.” A prove up is essentially a chance for the important elements of the agreement to be put on the record, and for the judge to ask any questions he or she deems necessary. The person who filed for divorce must be there, the other person need not be there. With the process I use, the prove up is the only time my uncontested divorce clients go to court.
Finding a lawyer for an uncontested divorce:
You can contact me here. I will promptly contact you. If I cannot handle your divorce, I may be able to assist you in providing a referral for an Illinois divorce lawyer that can handle your case.
My goal is to serve clients in the following areas: Cook County: Chicago, Naperville, Evanston, Schaumburg, Skokie, etc; Lake County: Highland Park, Highwood, Waukegan; DuPage County: Elmhurst, Wheaton; Kane County: St. Charles, Geneva; Will County: Joliet; Champaign County: Champaign, Urbana; Sangamon County: Springfield; Madison County: Edwardsville.
Comments
6 responses to “Process for an Uncontested Divorce in Illinois”
My wife and I are agree to everything, we think, but we don’t know what to do about the house. We have a mortgage on it, and a HELOC. How do we get an uncontested divorce with that?
You can agree on various ways to handle the house. You could sell the house, or one of you could remain living in the house, or you both could maintain ownership of the house and rent it out until the market improves. As a Chicago divorce lawyer, I can’t be your financial planner, but if you determine which option works best, I can draft an appropriate marital settlement agreement (MSA). I would also be able to advise you as to what might create the least legal entanglements in the future.
You can contact me online or call Three-One-Two-554-5433.
I was wondering what you charge for a uncontested divorce.
Gary,
I do offer flat-fees for uncontested divorce representation. However, I need to find out more about your situation. Some uncontested divorces are more complicated than others.
You can call Three-One-Two-554-5433 so we can chat about your case.
Do you have to live in illions to get a uncontestd same sex divorce since our state doesn’t reconnized our marriage?
One of you has to be a resident of Illinois for at least 90 days before either of you files for divorce in Illinois. That puts same-sex couples in a bind when they live outside Illinois and can’t get divorced in their own state. Unfortunately, I cannot help you unless the residency requirement is met.