What is an Uncontested Divorce?

uncontested divorce, DuPage County family law attorneyDivorce does not have to be bitter and expensive. Many times a couple has the basic agreement worked out before the divorce is even filed. Under Illinois law, it is possible to fairly easily complete an uncontested divorce.

Advantages of Agreement

An uncontested divorce means that the two spouses have no remaining issues to put to rest. They may even file jointly for a divorce and ask the court to approve the agreement they have already worked out in negotiations.

The main advantages of an uncontested divorce are that the two sides save themselves time, frustration, and money by agreeing to everything early in the process. While both sides should have the help of a lawyer in drafting and reviewing any agreement, the fees will tend be much lower than in cases where there are multiple hearings and piles of court documents drafted.

Especially in cases where children are involved, the less time a couple spends fighting, the happier both sides are with the resolution. Uncontested divorces are also usually much easier psychologically on children.

What Can Go Wrong?

While the civil court system is setup to encourage settlement in many ways, not all agreements are good agreements. If you have a manipulative or controlling spouse, the process of an uncontested divorce could leave you at a significant disadvantage. You may end up giving away far more than is wise or legally necessary.

A judge will still have to approve any agreement. While judges are likely to approve most agreements, they will still be required to make a finding that any arrangements involving a child are in the best interests of the child. A judge is not likely to approve any agreement that does not require a parent to pay child support.

If an agreement is not properly drafted it could result in a different legal outcome than that to which the spouses thought they were agreeing. If an agreement is against public policy or has other problems a judge can decide the entire agreement is void and make the parties start over.

The best way to make sure an uncontested divorce goes as smoothly as desired is to have a family law lawyer draft and review any agreement. When both sides have lawyers, both sides can feel confident the agreement will be upheld by a judge and that their rights were protected.

If you have questions about uncontested divorce, contact an experienced DuPage County family law attorney. Call the Law Office of Matthew M. Williams today at (630) 409-8184 to schedule a confidential consultation. We will help ensure that your rights are protected.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086

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