Uncontested Divorce: What is it?

 Posted on April 15, 2014 in Uncategorized

In the plainest terms, uncontested divorce will mean that the partners have the ability to agree upon the major factors included in getting divorced, involving:

• How they’ll share parenting responsibilities and parenting time

• The duration and amount of child support

• The duration and amount of spousal support

• The division of property

• The division of debt

If they have the ability to get to an agreement, they often can file paperwork without a court appearance, and as soon as the mandatory time period (set by the state law) has passed, the divorce is final.

Not all uncontested divorces are the same, and not all uncontested divorces run smoothly. The process is smoothest as the couple has no minor kids and very few assets, involving no real property. Also it works best if each partner is self-supporting or able to easily become self-supporting. A few states have simplified procedures obtainable for couples within this kind of situation. However, these types of procedures are stringently limited and are only available for marriages which were relatively short usually 5 years or less.

If you have further questions about the Chicago uncontested divorce process, contact us today at our Chicago divorce attorney office at (312) 884-1222 for a free consultation.

Can Couples who have Substantial Assets or Minor Kids Undergo an Uncontested Divorce?

Couples who have substantial assets or minor children generally will have the ability to move ahead with the uncontested divorce if they have the ability to agree upon all the major factors listed above. The couple which has minor disagreements within one or a few areas might still have the ability to avoid a contested divorce within court, yet they’ll have to negotiate with one another until they’ve reached full agreement. If they have the ability to communicate well, they might have the ability to directly negotiate. If it isn’t feasible they may opt to visit a mediator for assistance in solving their disagreements.

Do you Need Lawyers in Uncontested Divorces?

A pair who hasn’t been married long, as well as has no minor kids to take care of and very few assets to divide, might have the ability to complete the divorce without either partner employing a lawyer, especially if their state possesses a simplified process which will fit their situation. Pairs who have more complicated situations also may move ahead without lawyers, yet with more caution, as one or both of the parties might be giving significant legal rights up.

Couples, in some states who’ve agreed to divorce might file the paperwork jointly. It is common in other states for a couple to agree to the divorce terms, then have one partner employ a lawyer to get the paperwork ready. The couple within this situation has to understand that a lawyer only can represent a single party, and the party that isn’t represented therefore could be at a substantial legal disadvantage—within most instances, unless the unrepresented partner has a great understanding of the law, it is an excellent idea for that partner to employ a lawyer to assess the paperwork prior to the divorce being finalized.

If you have further questions about the Chicago uncontested divorce process, contact us today at our Chicago divorce attorney office at (312) 884-1222 for a free consultation.

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