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Am I Eligible for an Uncontested Divorce?

When both spouses agree to a divorce, filing for an uncontested divorce is a fast and cost-effective option. The streamlined procedure includes fewer proceedings, less legal wrangling, lowered courts costs, and lowered attorney bills, allowing many couples to get their divorce granted more quickly compared to contested divorce.

These types of divorces are typically available to couples who agree to every issue (e.g. property division, child custody, child support, alimony, etc.) regarding the divorce agreement. This means that there are no remaining disagreements prior to filing for uncontested divorce. So if there is at least one issue that you and your spouse do not agree on, then your divorce cannot be uncontested.

Similar to contested divorce, an uncontested divorce starts by one side filing for divorce. If the other side agrees to the uncontested divorce or even fails to make an appearance, it can still be granted by the court. By contrast, if the other spouse doesn’t agree and makes the necessary court filings, then an uncontested divorce cannot be granted.

Keep in mind, couples who have children, complex property arrangements, or potential disagreement as to spousal support should sternly consider whether uncontested divorce is appropriate for their case. The disadvantage of the simplicity and cost-effectiveness of an uncontested divorce is the risk of not being satisfied with the outcome of complicated custody decisions, spousal maintenance arrangements, or property distributions.

However, even if you are peacefully ending your marriage, it is still wise to hire an attorney for your divorce. If you don’t have all the information necessary or don’t understand your rights in regards to children, property, assets or debts, you could still end up paying more (or receiving less) for things such as child support and alimony.

If you are interested in filing for divorce in Illinois, contact Wakenight & Associates, P.C. and request a free consultation with our experienced divorce attorney today.


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