Is an Illinois Uncontested Divorce Right for Me?

 Posted on November 25, 2020 in Family Law

For many people, one of the greatest concerns when considering a divorce is the possibility of a long and contentious trial with high financial and emotional costs. The good news is that it is often possible to avoid this outcome, and many divorcing couples are able to avoid a trial entirely by pursuing an uncontested divorce. This means that you and your spouse work together to reach an agreement on all important decisions in your divorce resolution. This option is not feasible in every situation, but it is well worth considering whether it could work for you and your spouse.

Questions to Ask Yourself About an Uncontested Divorce

When determining whether to move forward with an uncontested divorce, you should ask yourself the following questions:

• Are my spouse and I in agreement about getting a divorce? If the answer is no, your chances of an uncontested divorce may be eliminated right from the start, as you will likely face a legal challenge to even ensure that the divorce process can begin.
• Do I trust that my spouse does not wish me harm? If your spouse has been abusive or manipulative in the past, or if you believe that they may try to punish you during the divorce process, an uncontested divorce is not in your best interest.
• Am I able to communicate effectively with my spouse? If you find it hard to be in the same room with your spouse, or if your communication always devolves into emotional conflict, an uncontested divorce will likely be difficult. On the other hand, if you can communicate civilly, an uncontested divorce can be a great choice.
• Do my spouse and I have similar goals in the divorce? If you are both committed to similar priorities, like the well-being of your children or your mutual financial stability, an uncontested divorce will likely be successful. If you have severely conflicting interests, however, a trial may be your only option.
• Are there any complicated issues to resolve? Simpler divorces, such as those without any children or significant assets, or those that occur after a short marriage, may be better candidates for an uncontested divorce. Illinois even offers an option known as a joint simplified dissolution that some couples are eligible for.

Contact a DuPage County Uncontested Divorce Lawyer

Even in an uncontested divorce, an attorney can be helpful to advise and represent you during negotiations with your spouse and ensure you follow the correct legal processes. At Mevorah & Giglio Law Offices, we assist with all manner of divorces, and we can help you determine the approach that is best for you. Contact a Lombard divorce attorney today at 630-932-9100 to schedule a free consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

https://money.usnews.com/money/personal-finance/family-finance/articles/why-an-uncontested-divorce-makes-financial-sense