The Basics of Uncontested Divorce in Illinois 

 Posted on January 16, 2023 in Chicago divorce attorney

Divorce is a difficult experience for everyone. You are not only grieving the separation of your family, but now you have to navigate the complicated legal process of divorce. However, if you and your spouse can converse, negotiate, and agree you might be able to work together to proceed with an uncontested divorce. An uncontested divorce is one of the fastest, easiest, and least expensive ways to get a divorce in Illinois.

What is an Uncontested Divorce?

In Illinois, an uncontested divorce has both spouses agreeing on important issues within their divorce. These issues may be about properties, debts, alimony or ‘spousal maintenance”, child custody, child support, and parenting time.

If you meet specific requirements, there is an even faster form of an uncontested divorce that spouses may seek out. This is a “joint simplified dissolution”, however in order to file for one, you must meet all of the following:

• Spouses must meet the residency requirements and fill out all forms together

• Spouses have been married for no more than eight years

• Spouses have no children and no expected children

• Spouses have met the legal requirements for the no-fault divorce ‘ground’ in Illinois

• Spouses own no real property or retirement benefits

• Spouses earn no more than $30,000 a year, and the Spouses' combined income must be less than $60,000

• Spouses have exchanged all information on assets and liabilities

• Spouses waive any rights to receive spousal maintenance

• Spouses have both signed a written agreement splitting all property worth more than $100, distributing debts and ownership and responsibility of any pets

Unfortunately, there is no definite time for how long an uncontested divorce can take. Spouses will still have to meet the residency requirement to get a divorce in the state of Illinois. You or your spouse must have lived in Illinois for at least 90 days before you file the divorce papers.

Do You Need An Attorney?

In Illinois, there is no legal requirement that you work with a lawyer during your divorce. However, if you decide to handle your case without an attorney, you will be responsible for knowing what to file, how to file everything properly, and where to file it correctly. Doing all these things by yourself might be taxing and difficult. Furthermore, any mistakes you make during the divorce process can lead to delays, complications, and significant financial loss. An experienced divorce attorney will be able to give you advice and make sure you have not missed anything important or given up any of your rights.

Contact a Kane County Divorce Lawyer

Aurora divorce attorney Matthew M. Williams knows how complex a divorce can be, even within an uncontested divorce. Doing everything by yourself can be difficult and taxing on a person. Having a reliable divorce attorney like Matthew M. Williams will help to give you an extra hand and make sure you know everything you need to know when going into your divorce You deserve support. Contact The Law Office of Matthew M. Williams, P.C. or call 630-409-8184 and get the support you deserve.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=5200000&SeqEnd=6000000