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Requirements for an Uncontested Divorce
When a marriage breaks down and cannot be fixed, getting an uncontested divorce is often ideal. These kinds of breakups are characterized by minimal conflict and are often the quickest and least expensive approach. However, before you can move forward with an uncontested divorce, you and your spouse will have to agree on the terms of your divorce and get court approval.
At Shaw Sanders, P.C., our Kane County, IL family law attorneys can walk you through the process of getting an uncontested divorce, working to resolve any obstacles that stand between you and your final divorce decree. Our attorneys have significant mediation experience, so we can help you and your spouse through any contested issues in your divorce.
Recognized Grounds for Uncontested Divorce in Illinois
The fastest way to get an uncontested divorce in Illinois is when you and your spouse agree that there are irreconcilable differences that have led to the collapse of the marriage (750 ILCS 5/401). This approach does not assign blame to either party (as Illinois is a no-fault divorce state), and it does not require any proof aside from your own testimony.
Aside from mutual agreement that the marriage has broken down, the court will also agree that there are irreconcilable differences if the spouses have lived separately for at least six months. A spouse does not need to move out of the marital home for this to be confirmed. Courts will look at evidence such as sleeping in different bedrooms, separate finances, and independent social circles.
Property Agreements in Uncontested Divorces
Before you and your spouse can get an uncontested divorce, you will have to reach an agreement regarding all of your shared property. This may be more difficult than you expect, especially if you have more complex assets like businesses or investment portfolios.
You and your spouse will need to disclose all assets and debts through financial documents or other forms of discovery. In some cases, professional valuators are brought in to get a proper estimate of how much a given property is worth. Collaborating with your spouse and being willing to compromise will help keep your uncontested divorce on track.
How Does Child Custody Affect an Uncontested Divorce?
Divorcing with children can complicate an otherwise simple uncontested divorce. Unlike other issues in a divorce, which can largely be handled by the spouses’ agreement, child custody is determined by the child’s best interests. While parents still have plenty of input in child-related matters, the final custody arrangement must clearly serve the child’s needs, factoring in his or her physical and mental well-being.
In an uncontested divorce, you and your spouse are likely to be in agreement about how to handle the division of parenting time and decision-making responsibilities. However, you should also make sure to recognize how the split will affect your child.
Contact a St. Charles, IL Uncontested Divorce Lawyer
Getting an uncontested divorce can come with some hurdles, but with the help of legal counsel, you can navigate toward an ideal resolution. To schedule a free consultation with Shaw Sanders, P.C. today, call our offices at 630-584-5550 or contact our Kane County, IL family law attorneys.
630-584-5550