Contact: 224-300-0529 or ONLINE

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

Quick divorce in New Year

Need a fast divorce in 2019? A flat fee uncontested divorce an be easy, and quick – with a lawyer (p:224-300-0529).

A quick uncontested divorce requires a couple different things. Let’s take a look.

Start with agreement

An uncontested divorce in one that starts with the spouses being in total agreement about all issues in the divorce. While it is possible for every divorce to end in agreement (and most do), an uncontested divorce in Illinois is one where – from the beginning – both parties agree to everything.

Sometimes people assume a spouse is in agreement, but it’s not the case. So people who want a quick divorce need to communicate.

Don’t sweat the small stuff

Fighting about a divorce can be very expensive. So it pays not to sweat the small stuff. For example, sometimes people fight about a car worth $7,000, because the person says the car is worth $8,000. This is an example of something about which it can be economically inefficient to fight; you could end up paying several thousand dollars to your lawyer just to fight about a $1,000 discrepancy in the value of a car.

Get an uncontested divorce lawyer

An uncontested divorce lawyer’s job is to help make sure you get what you want, and don’t get stuck with what you don’t want. There are a lot of silly “online divorce” websites out there, and most of them produce garbage divorce documents.

Here are a few things you should know about online divorce websites:

  • Owned by foreign companies
  • Guarantee your documents will be accepted by the court – but that doesn’t mean the document are what you want
  • Not run by lawyers
  • Leaves you without the advice of an Illinois uncontested divorce lawyer
  • Can cause extra trips to court due to faulty paperwork

Start now

We represent people in the Illinois counties of Cook, DuPage, Kane, Kendall, McHenry, Lake, and Will. But whatever county you are in, you can get an uncontested divorce.

But some counties do take longer than others. So the number one way to get your divorce done quickly is to file the case quickly.

5 Tips: Cheapest Uncontested Divorce, with a Lawyer!

Sometimes “cheap” gets a bad name. But here, a cheap uncontested divorce doesn’t mean you get garbage work. An uncontested divorce can be affordable, fast, and with a lawyer. Don’t trust your life to a shady “online divorce” website. See these 5 tips for the cheapest uncontested divorce . . . with a lawyer. [continue reading…]

Selling a House in an Uncontested Divorce

If you have a house and you are getting an uncontested divorce in Illinois, choosing the right lawyer is important. If you don’t handle your house properly, what you thought was an easy uncontested divorce might turn into something you fight about after the divorce has already been completed. [continue reading…]

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. [continue reading…]

Lake County Uncontested Divorce

As a Lake County, Illinois divorce lawyer, I am able to help clients get a fast and affordable uncontested divorce in lake county. And it doesn’t matter if you live in an apartment in Waukegan or a lake-front mansion in Lake Forest – it is possible to get an uncontested divorce in Lake County – for a flat fee. This article is about how to make that happen. [continue reading…]

FAQ: Affordable Divorce in Illinois

Affordable divorce in Illinois is possible when your divorce is uncontested. An uncontested divorce is one where the spouses agree to all issues in the divorce at the very beginning of the process. No fighting, quick, and affordable. Here are a few FAQs for affordable divorce in Illinois.

How can divorce be affordable?

Lawyers are never “cheap.” Heck, fighting a traffic ticket can set you back a few hundred bucks.

But a divorce in Illinois can be affordable if it is uncontested. When a divorce is uncontested, there is no fighting in court, only one court appearance, and much less stress.

The thing about divorce in Illinois is this – it’s really the fighting that makes it expenses. When people agree to everything, a lawyer just needs to draft a legally-appropriate settlement agreement (and a few other things), and POOF – you’re divorced fairly quickly.

What do we need to agree to in divorce?

A divorce should resolve all issues related to our marriage. For example, the most common issues are below:

  1. How to divide assets
  2. How to divide debt
  3. Child support
  4. Spousal maintenance – formerly known as “alimony”
  5. Allocation of parenting responsibilities  – formerly known as “child custody”
  6. Parenting time

As with most things, the devil is in the details. For example, if you own real estate, it can be somewhat complicated how to properly deal with getting rid of it. But an uncontested divorce lawyer should be familiar with that sort of thing.

Can we both use the same divorce lawyer?

If you want your divorce to be affordable, it might be tempting to try to use the “same lawyer” for both people. But that’s an extremely bad idea. In fact, if a potential client insists that I work for both spouses, I tell them I can’t do it. In fact, it is totally unethical for a divorce lawyer to represent both sides of a case.

The problem is this. Suppose people get along in the beginning of the process. But in the court of drafting a settlement agreement, one person has a question, and wants advice. If a lawyer gave that advice, that would be helping one spouse get an advantage over the other. And that’s the problem. If a lawyer is working for both sides a divorce, the lawyer cannot help one client gain an advantage over the other. Additionally, sometimes a divorce starts off as uncontested, then becomes contested. Which of the two spouses would continue using the same lawyer after the case becomes contested? That’s a mess.

Many people call me and say that they heard from a friend or relative that a lawyer can work for both spouses. Guess what? That person is uninformed – and they are giving you VERY bad advice if they tell you to use the same lawyer as your spouse.

Do both spouses need a lawyer?

So if both spouses cannot use the same lawyer, that means they both need their own lawyer, right?

Wrong.

A simplification of the uncontested divorce process is below:

  1. Client gives information to the lawyer
  2. The lawyer drafts documents, and get’s the client’s approval
  3. The client’s spouse reviews and signs the documents. If the spouse wants changes or edits, that can be discussed with the client, then the client can request the lawyer make those changes
  4. The client comes to court to finalize the divorce. The spouse’s appearance is optional, but sometimes a good idea.

As you will notice, #3 in the above process is about the spouse reviewing and agreeing to sign certain documents, the most important of which is the marital settlement agreement (MSA), and if the spouses have kids, the Judgment for Allocation of Parental Responsibilities.

At no time is the spouse forced into signing anything. When I draft documents for my clients, I make a large effort to write in plain English as much as possible. I’ve found that most of my client’s spouses have no trouble understanding the terms of the settlement agreements.

While the spouse of my my client probably doesn’t need a lawyer for full representation, sometimes the spouse does simply want a lawyer to review the settlement agreements. In that case, some lawyers will do that for a very small fee. That way the spouse can feel extra confident in what they are signing.

Can I get a flat fee divorce?

As an affordable divorce lawyer in Illinois, I enjoy offering representation for a flat fee.

I handle uncontested cases for an affordable flat fee because the amount of work required is predictable. With a flat fee, your costs are predictable as well.

Keep in mind that everything must be agreed upon from the get-go in order to get a lawyer for an affordable flat fee divorce,

FAQ: Being Ready to Start an Uncontested Divorce

If you think you want to start an uncontested divorce in Illinois, you probably have an idea it can be a fast and affordable way to get divorced, with a lawyer, for a flat fee. However, you might still have questions about whether or not you are really ready to get started. That’s why I wrote this FAQ on being read to start an uncontested divorce. [continue reading…]

Uncontested Divorce : Top Tips & Concepts

While an uncontested divorce in Illinois can be fast and affordable (for a flat fee), there are still some things to know. As an uncontested divorce lawyer, I put together this list of my Top 5 Articles about uncontested divorce in Illinois. They cover topics such as dividing assets, splitting retirement, and the process for an uncontested divorce [continue reading…]