Going through a divorce can be a challenging time that takes a severe emotional toll on both you and your family. If you and your spouse agree on all parts of your divorce, you likely have what is called an uncontested divorce. A Naperville uncontested divorce lawyer could assist you with all aspects of your divorce, including the division of assets, custodial arrangements, parenting time, spousal maintenance, child support, and other key issues.
An accomplished divorce lawyer at Reidy Law Office LLC could discuss any concerns you may have and answer your legal questions. An attorney could help guide you through all aspects of your divorce so that your uncontested divorce avoids unexpected surprises.
A seasoned Naperville lawyer could help you in an uncontested divorce by helping you to understand each aspect required for an uncontested divorce. Often people believe that a divorce is uncontested because they discussed the items important to them, for example, they agree on parenting time but they did not discuss the division of debts. A seasoned divorce attorney can help you identify all items needed for your divorce, help explain your options and help keep your case from becoming contested.
“Legal custody” is no longer used in Illinois divorce cases; instead, we now use “allocation of parental responsibilities.” Allocation determines the right of one or both parents to make important decisions regarding the welfare of your child. Such decisions include where the child receives their education, the child’s religious schooling, health care decisions, and decisions regarding extracurricular activities.
The law outlines specific rules regarding how child support should be determined in the event of a divorce. However, it may be possible to diverge from these principles if both parties consent to the child support provisions. If applicable, an uncontested divorce attorney could also help you structure an appropriate parenting schedule and navigate any complex issues that may arise.
In a contested divorce, the Judge assigned to your case would determine how you marital assets would be divided. Assets would be allotted equitably, but not equivalently. In a divorce that is uncontested, each party would work together to reach a fair resolution. In other words, you and your spouse decide who gets what asset/liability without leaving it to the judge to decide
Non-marital property (sometimes called separate property), or property secured by a spouse before they married, would not be divided. Certain types of property such as gifts are also considered separate property. In contrast, marital property is the property gained during the marriage and must be divided. An uncontested divorce lawyer in Naperville can be instrumental in helping you determine what property would be categorized as separate or marital.
When divorcing parties do not have considerable property that would be subject to division, there are no children involved, and the divorce is uncontested, they may be eligible to file for what is known as a joint simplified divorce per Illinois Compiled Statutes Chapter 750 § 5/452. For divorcing parties to file a joint simplified dissolution of the marital union, they must have been married for no more than eight years and have an aggregate income under $60,000, among a range of other criteria.
While uncontested divorces may be less complex than contested ones, they usually still require the knowledgeable guidance of a family lawyer who could facilitate the process and negotiate property division, spousal support, and other pertinent matters on your behalf. A Naperville uncontested divorce lawyer can help you reach a favorable agreement that best serves your interests. Call today to get started on your case.