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FAQ: Uncontested Divorce

Cheap, fast, quick, amicable, by agreement. Those are all words associated with an uncontested divorce in Illinois. So many smart people are interesting in an uncontested divorce. But they still have questions. This article focuses on answering frequently asked questions (FAQ) about divorce in Illinois.

What is an uncontested divorce?

An uncontested divorce in Illinois is one where the two spouses agree on all issues from the very beginning of the divorce. While most Illinois divorce cases end up settling (instead of a trial), an uncontested divorce isn’t simply a divorce that ends in agreement. It is one where both parties agree to all issues from the very outset of the case.

Is there a waiting period for an uncontested divorce?

Many people want to know if there is a waiting period for a divorce in Illinois. They think that they have to live separately from their spouses for 6 months before the divorce is finalizing.

But that’s not the case. In fact . . .

There is NO WAITING PERIOD IN AN UNCONTESTED DIVORCE in Illinois

What if I haven’t spoke to my spouse?

If you haven’t spoken to your spouse, then you are probably not on a path to an uncontested divorce in Illinois. An uncontested divorce is one that is by agreement. It is hard to come to agreement with someone when you don’t even communicate.

How do I start an uncontested divorce?

If you want to start an uncontested divorce, you can contact us here.

We make the process easy – there’s no reason to go into great detail here. We do it all the time, and we can help make a quick and cheap divorce a real possibility for you.

How fast is an uncontested divorce?

An uncontested divorce in Illinois can take as little as one month. Of course, it depends on who fast you get done what you need to get done, and it also depends on the court’s schedule.

What do we have to agree with about the kids?

Kids can be an emotional issue.

But it should be easy in an uncontested divorce in Illinois.

Illinois doesn’t use the term “custody” anymore – now it’s called “allocation of parental responsibilities.” The main responsibilities are education, health, extra-curricular activities, and religion. Parents can share decision-making for all those areas, they can split them up, or one parent can make all decisions. It is up to you to agree.

The other area to deal with is parenting time – what we used to call “visitation.” Basically what you want to determine is when your kids are where? When will they be with you? When will they be with the other parent? What about holidays and vacation time?

Some of this can be confusing because parents are used to having to plan all that. But that’s where an uncontested divorce lawyer comes in. We can help make it easy.

How do we divide assets and debts?

The goal in an uncontested divorce is to – as much as possible – end all financial entanglements with your spouse.

Ideally, after the divorce, you will not own a single asset with your spouse, and you will not be jointly responsible for paying off any debt – such as a credit card.

The goal is to simplify your life after the divorce.

How much child support will there be?

In an Illinois divorce, the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”) has guidelines for child support, and it is based on a complicated formula.

While it is true that spouses can agree to deviate from the guideline child support amount suggested by statute, they must provide a good reason for doing so. A lawyer can help explain that when you start your uncontested divorce.

How much maintenance will there be?

In an Illinois divorce, the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”) has guideline for maintenance, and its based on a formula.

In an uncontested divorce in Illinois, people can deviate from the guidelines, under certain conditions. Frankly, one of the good thinks about an uncontested divorce is that people are more free to develop solutions that work for them – instead of using guidelines developed by legislators in Springfield.

If you use us for your uncontested divorce, we can calculate guideline maintenance for you.

Who is the best lawyer for an uncontested divorce in Illinois?

Many people want to know who is the best lawyer for them. On one hand, that’s subjective. But what you can do is look for a lawyer who meets the following criteria:

  1. Transparent about the services provided, and the cost
  2. Knowledgeable about what you are trying to do
  3. Helps save you money, instead of figuring out how to bill you more
  4. Utilizes technology to make the process efficient