An uncontested divorce is a dissolution of marriage where the parties agree on the terms of the divorce. All they have to do is reach a formal agreement and have it approved by a judge. A Cook County attorney can help you through this process to make sure the uncontested divorce agreement is fair to you. Throughout the process, a skilled divorce lawyer can work to make sure your interests are protected.
There is not an actual law that defines an uncontested divorce. It really depends on the specific issues involved. When people refer to an uncontested divorce, they are talking about a situation where the parties both agree that they want to get divorced and how they are going to divide everything upon the divorce. This includes the custody of their children, their assets, and their liabilities.
However, it is important to note that an uncontested divorce is not the same as filing irreconcilable differences. Any divorce in Cook County will cite irreconcilable differences as the reason for the divorce, regardless of whether it is contested or uncontested. An attorney can further explain when a divorce would be considered uncontested in Cook County.
In an uncontested divorce, one of the parties files a petition for a dissolution of marriage. They then either have to serve the other party with the divorce papers by a process server or can send a letter notifying them.
One of the main differences between contested and uncontested divorce is the level of involvement of the court. In an uncontested divorce, the divorcing couple would typically only have one court date. At this court date, they provide the testimonies to the court to let the court know that this is an agreed-upon situation. The court generally would then accept the agreement they reached and grant the divorce.
Mediation and litigation do not usually exist in an uncontested divorce. If a divorce is uncontested, the parties generally do not need mediation because they already know what they want and do not need a third party to help them reach an agreement. A well-versed Cook County attorney can help guide you through the uncontested divorce process.
An uncontested divorce can become a contested divorce if a couple has not necessarily talked about everything and reach an impasse. When they have to decide how to divide an asset that they had not previously discussed, they can reach a disagreement that results in the divorce becoming contested.
Even when you and your former spouse agree on how you want to divide your assets, it is still important to have a dedicated legal ally who can advocate on your behalf. A skilled lawyer can guide you through the uncontested divorce process in Cook County so that you can work towards an agreement that is fair to you. To get started, reach out to Reidy Law Office, LLC today.