Is an Uncontested Divorce in Illinois Right for Me? 

 Posted on September 15, 2021 in Divorce

For some spouses who decide to get divorced, the final decision is often the hardest part - once that has been made, the divorce process is often amicable and flows fairly smoothly. Spouses who wish each other well may pursue an uncontested divorce in which they agree on all or most issues, believing that is the easiest, most fair, and least expensive of their options.

Although an uncontested divorce is a great idea for some people, it is still a legal process and has potential pitfalls. If not done correctly, an uncontested divorce can become a drawn-out process that has major impacts on a divorcee’s life down the road. Even if you anticipate agreeing with your spouse on everything, a skilled Illinois divorce attorney is the best person to help you through any type of divorce.

What are the Benefits of an Uncontested Divorce?

An uncontested divorce can benefit spouses who can get along and compromise on important issues like parenting time, child support, spousal support, and asset division. It can also be a great choice for spouses who have been married for a short time and who share no children or significant assets.

Uncontested divorces tend to move much more quickly and, as a result, cost much less than contested divorces. There are not long, drawn-out court battles or complex negotiations involving attorneys. Spouses who already get along are likely to continue having a more amicable relationship after an uncontested divorce than if they fought out their differences in a court trial.

This also saves any children the stress of a hostile divorce process, including high-conflict custody battles. When parents can agree on allocating decision-making responsibilities and parenting time, children are exposed to much less conflict.

Are there Drawbacks of an Uncontested Divorce?

Even spouses who begin with the best intentions are sometimes surprised by the conflict and hostility that can emerge during asset division and issues related to the children. If an uncontested divorce unexpectedly turns into a contested divorce, spouses may find themselves unprepared and unrepresented by a skilled attorney.

Additionally, spouses may neglect to appropriately address matters which will have long-term consequences and inadvertently hurt themselves in the future. Once a divorce decree is issued by a court, it is very difficult to modify or terminate certain provisions.

If your spouse is pressuring you into an uncontested divorce, but you disagree with their requests and want to pursue negotiation, do not hesitate to seek legal representation. An unpleasant contested divorce can yield far better long-term results than an uncontested divorce settled with unsatisfactory terms.

Speak with an Oswego Divorce Attorney

If you are considering divorce, you need legal representation - even if you believe your divorce is uncontested. Uncontested divorces can be a great option, but they have inherent risks if they are not handled properly. The experienced Kane County divorce attorney at the The Law Office of Matthew M. Williams, P.C. can help you ensure that you appropriately manage the important aspects of divorce and set yourself up for success in the future. Call us today for an initial consultation at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59