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Uncontested Divorce – Myths Busted!

As an uncontested divorce lawyer in the Illinois counties of Cook, Lake, and DuPage, I help people get an uncontested divorce for a flat fee. It’s usually quick, and affordable – with a lawyer. But I noticed there are certain myths out there. So this article is about busting Illinois uncontested divorce myths.

Myth 1: We can both use the same lawyer

Lawyers give advice to people. Even in an uncontested divorce in Illinois, people get advice from their lawyers.

So that’s why a lawyer cannot represent both sides of an uncontested divorce. It would be a conflict.

In fact, it is highly unethical for a lawyer to give anyone the impression that he or she is representing both spouses in a divorce.

Many times people are in agreement, but then they change their minds regarding one or more topics. So that’s when they need a lawyer’s advice.

Myth 2: We own a house, so we can’t get an uncontested divorce

I don’t know where this one comes from, but it is common for people to think that they cannot get an uncontested divorce if they own real estate.

But frankly, whether or not you own real estate really has nothing to do with whether or not you can get an uncontested divorce in Illinois.

While it is is certainly possible to get divorced by agreement even if you own a home, there are some things you should consider.

For example, dealing with a home during an uncontested divorce involves thinking about when one or both of the spouses will leave the home, who will pay the bills, who will be responsible for the mortgage, whether or not the house will be sold, what broker to use, and what price to accept if the house is to be sold.

Myth 3: We’re in agreement, so we don’t need a lawyer

If you think you are in agreement, that’s great. I hope you are. That will likely make your Illinois divorce fast, and affordable.

However, divorce can have long-term legal and financial consequences. And those consequences can be surprises, and negative – if your divorce is not handled properly.

Many people who think they are in agreement do a good job of hitting the basics, but they don’t really get into the specifics to the extent necessary. For example, real estate might not be handled properly, or debt might be handled in such a way that one spouse is unexpectedly chased by creditors years down the line.

Also, if your settlement agreements are not complete, you might get turned away by the judge, unable to finalize your divorce in court.

As an uncontested divorce lawyer in Illinois, I try to help people avoid problems.

Myth 4: We have kids, so we can’t get an uncontested divorce

Kids do make a divorce a bit more complicated, but kids DO NOT prevent anyone from getting an uncontested divorce. In fact, kids are all the more reasons to get an amicable uncontested divorce in Illinois.

Myth 5: We’re wealthy, so this divorce will take a while

If you are a high net worth family, congratulations. But watch out – your neighbors will probably be telling you to use some high-priced downtown firm that’s might rake you over the coals.

The truth of the matter is, being wealthy is one of the best reasons to get an uncontested divorce in Illinois. When wealthy people get divorced, some lawyers see big dollar signs heading a light-speed towards their own bank accounts. But you don’t need to spend all the money on lawyers.

Truth be told, it is just as easy to divide a bank account with a $1,000 balance as it is to divide with with a $250,000 balance.

And likewise, drafting a clause to handling selling a house in Lake Forest no more different then drafting one to sell a condo in Uptown.

While wealthy people might a have a few more assets to think about, that doesn’t mean the divorce should take a lot longer. Even wealth people can get divorce in about one month in the Illinois counties of Cook, DuPage, and Lake.

Myth 6: I don’t now where my spouse is, so it will be uncontested

If you don’t know where your spouse is, you cannot get an uncontested divorce. Uncontested divorce requires agreement, and if your spouse has disappeared, you are not in agreement.

But the good news is that you can get divorced anyone. It will simply be a contested case which will hopefully rap up quickly when your spouse is found in “default,” and the case concludes without the spouse’s participation.