When the parties can agree on every issue, they will file an uncontested divorce. To file an uncontested divorce in Orland Park, the parties will create an agreement with the help of their lawyers that they then take to court and have approved by a judge. A well-versed divorce lawyer from Reidy Law Office LLC can guide you through the process.

What is an Uncontested Divorce?

The law does not define uncontested divorce. Rather, uncontested simply means that the parties agree on the major issues. In an uncontested divorce, the parties are able to walk into court with a written agreement signed by both of them.

Circumstances in which a couple might file for an uncontested divorce would be when the parties agree to disagree. The marriage is falling apart, but they still respect each other, parent together, and want to move forward amicably. Alternatively, they could enter an uncontested divorce if they both agree that they want to be divorced, but want to avoid expenses associated with a contested divorce.

It is also important to note that an uncontested divorce is not the same as filing irreconcilable differences. All cases in Illinois are filed under irreconcilable differences, regardless of whether they are contested or uncontested. An attorney can further help you understand uncontested divorces.

The Process

There are three parts of an uncontested divorce in Orland Park. The first part is the petition for the dissolution of the marriage, which is filed by one spouse known as the petitioner. The other side then must respond and voluntarily file their appearance, meaning they will go to court without being served. Next, the parties will prepare the settlement documents.

If they have children, they will an allocation judgment to decide the division of parental responsibilities. They will also need a marital settlement agreement that addresses any financial issues.

The final step is appearing in court for a prove-up. A prove-up is when they show the court their written agreement, allocation judgment, and marital settlement agreement and testify before the judge, letting the court know that this is their agreement. They then ask the court to approve the agreement. So long as the agreement is reasonable, the court will generally sign off on it and the process would be over.

Mediation and Litigation

Mediation and litigation are typically not necessary in a non-contested divorce. Mediation is only used when the parties do not have an agreement. In theory, the parties could use mediation in uncontested divorce if they believe that they will most likely agree, but may not agree on everything. A mediator could help walk them through the process. Litigation does not exist in an uncontested divorce as the parties agreed on everything and litigation is only necessary when the parties cannot reach an agreement.

Get Help from an Orland Park Attorney with Your Uncontested Divorce

Even though you and your spouse may agree on all the issues in your uncontested divorce, an attorney can still help. Our team can guide you through the process to help you leave your marriage feeling prepared for the future. To get started, call today.