Working Through Your Uncontested Divorce

divorce, uncontested divorce, Illinois Family Law AttorneyWhen you got married, you probably never anticipated that the day would come when divorce was not only a possibility, but the right decision. You and your spouse, over the years, may have grown apart and realized that it was not in either of your best interests to remain in an unhappy marriage. Even as you end your marriage, however, it is entirely reasonable for you both to want the best for the other person. Just because you will no longer be married does not mean you must hate each other or that you need to “win” the divorce. If you find yourself in such a situation, an uncontested divorce may provide the closure you need for your marriage without the stress and hassle of courtroom litigation.

Irreconcilable Differences

Virtually all uncontested divorces are granted on the grounds of irreconcilable differences. Currently under Illinois law, divorce is a possibility on fault grounds including infidelity, abandonment, and others, but fault grounds are much less likely to result in an amicable divorce. (Fault grounds are also being eliminated from the state’s divorce laws beginning in 2016, but that will be addressed in a future post.)  Thus, an uncontested divorce assumes no fault for the breakdown of the marriage and instead focuses on creating an equitable post-divorce situation for both spouses and their children.

Negotiation Process

Even before you file your petition for divorce, you and your spouse can begin discussing what you each believe the ideal divorce agreement should include. Once the petition has been filed, more formal negotiations can take place, often with the help of a qualified attorney. A lawyer can help you make sure that you and your spouse are not unintentionally missing any major considerations, and that your agreement is legally sound. Divorce-related concerns of all kinds can be addressed during this process, including property division, spousal support, child custody, and child support arrangements.

When you have reached a workable agreement on all of the relevant issues, your attorney can help you draft the necessary paperwork for submission to the court. As long as the terms of your agreement address all of the necessary concerns and are not in violation of the law or ridiculously unfair, the court will likely approve it and issue a judgment of dissolution of marriage.

Uncontested divorce, obviously, may not be appropriate for every situation, but when it is, the benefits of reduced stress and acrimony can last a lifetime. This can be especially true for divorcing parents who must maintain a relationship with one another as they continue to cooperate in raising their children. If you would like to know more about uncontested divorce and whether it may be an option for you, contact an experienced DuPage County family law attorney today. We will review your case, answer your questions, and help you pursue the best course of action for your family.

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