Want to start an uncontested divorce in Illinois? Then you should check out these top 5 questions in uncontested divorce in Illinois. It might help you get a fast and affordable amicable divorce. Or, if you are ready to get started now, contact us online or or call me at 224-300-0529.
As a lawyer who represents people for a flat fee, I get a lot of phone calls about starting an uncontested divorce in Illinois. So although this website is filled will articles about all aspects of uncontested divorce in Illinois, what I’ve done here is put together the top 5 questions I receive (and the answers).
Can we both use the same lawyer?
You can both use the same lawyer for an uncontested divorce. You can also run head-first into a brick wall.
In other words – you absolutely should not use the same lawyer for an uncontested divorce in Illinois. Even though an uncontested divorce should be simple, you may need some advice. And even if you don’t ask for advice directly, your lawyer will be looking out for your best interests when drafting your marital settlement agreement or parenting agreement.
But the same lawyer cannot give advice to you and also represent your spouse. That’s massive conflict of interest. I have heard of lawyers trying to trick people into thinking they represent both people, and those lawyers should be disbarred.
It can be tempting to think you can both use the same lawyer. But it makes no sense. Don’t do it.
How long does it take to get divorced?
Most people can complete the process in about a month. Sometimes less, sometimes more. In Cook, DuPage, Lake and McHenry Counties, about a month is as common duration. However, in Will County, they will not allow a court date to finalization the divorce until 30 days has past since the divorce was filed – and that increases the time it takes to get divorce.
How long the divorce takes depends upon how long it takes for the following to occur:
- How long it takes to deliver to your lawyer the necessary information
- How long it take the lawyer to draft the needed documents
- How long it takes for you and your spouse signing the documents and delivery them to the lawyer
- When the court can schedule the court date to finalize the divorce
What if my spouse won’t agree?
If your spouse won’t agree to every aspect of an uncontested divorce in Illinois, then you cannot get an uncontested divorce. Simple, right?
In a way, yes, it is simple. However, I can often recommend ways to help my clients reach agreement.
How much is the flat fee for divorce?
The flat fee for getting an uncontested divorce in Illinois is often less than $2,000, including court fees. I find that a flat fee is appreciated by people who want a fast and affordable divorce in Illinois.
However, you should note that the flat fee can vary based on what’s involved in the case. Some factors that can influence the cost of a case include the following:
- Business ownership
- Real estate
- Dividing a retirement account (see this article)
How much alimony (or child support) can I get?
Alimony, which is now referred to “spousal maintenance” in Illinois, can be a sticky subject. Sometimes people who have a statutory right to spousal maintenance don’t know how to reach an agreement with their spouse. But the fact remains, everything must be in agreement in an uncontested divorce in Illinois. That means the divorce will not be finalized unless you are your spouse agree on whether or not there will be spousal maintenance, and if so, in what amount and duration.
Pretty much the same is true for child support, though people are generally more willing to pay child support.
Illinois has formulas for the calculation of spousal maintenance, and child support. It’s best to use a lawyer to calculate the statutory guidelines for both. If you and your spouse can agree to use guideline child support and maintenance, that makes it easy.