If both you and your spouse live in DuPage County and agree that your marriage is over and what the future should look like, your divorce is considered to be uncontested. In these cases, you will sign a separation agreement that serves as the backbone for the final divorce decree. This agreement must cover all parts of the divorce, especially those involving the care and custody of children. A DuPage County lawyer can help craft and review uncontested divorce agreements, make sure they meet the legal requirements and take special care to see that an agreement covers the necessary care of your children.
Even though you agree to every term in an uncontested divorce, the case must still flow through the DuPage County family court. This is because every divorce carries legal ramifications, as ending a marriage is a legal process.
Still, an uncontested divorce is the most efficient and cheapest way to end a marriage. You and your spouse may even meet prior to filing a case in court to form a separation agreement that can be entered with the court at the earliest possible opportunity.
Before you can formally end your marriage, you typically must address:
A lawyer could help you evaluate whether an uncontested divorce process may apply in your case and work towards forming separating agreements that may expedite the legal proceedings.
While an uncontested divorce is always the fastest way to reach a resolution in family court, one potential sticking point is considerations for your children. If both you and your spouse can agree on parenting time, legal custody, and the payment of a support plan, these agreements can be a major part of a separation agreement. Still, a court must approve this parenting plan as being in the best interest of the child.
750 ILCS 5/404.1 says that family courts in a divorce proceeding have the authority to order you and your co-parent to attend parenting classes. These classes serve the purpose of educating you and your spouse on the effects the end of a marriage may have on your children. These classes cannot be more than four hours in length. This applies even if the marriage ends with a court-accepted parenting plan in a separation agreement.
An uncontested divorce is a great option for couples when you both realize the need for a divorce, can agree how that divorce needs to look, and have no kids. Too often couples believe uncontested equals easy, which is not always true. Uncontested divorces can be a problem if they are not done correctly, which leads to bigger problems in the future. Even if you have kids, if you can agree on how the care for you kids should look, an uncontested divorce can still work.
In either case, a DuPage County lawyer could help you throughout the process. Call Reidy Law Office LLC today to learn how our team can help you.