An uncontested divorce is not a phrase used in the Illinois statutes, however, Illinois has an uncontested divorce procedure which is an expedited form of divorce. A couple does not qualify for the joint simplified procedure if they are married too long, make too much money, or have children. There are other stipulations to qualify. The couple must agree on the terms of their divorce. Speak with a proficient attorney from our firm to learn more about joint simplified dissolution in Will County.
The term uncontested is often misunderstood. The most common mistake is that people think they have an uncontested divorce, but they have not talked about everything. Sometimes people believe they have an uncontested divorce because they have children and they worked out a parenting plan. They have not considered the division of their retirement accounts or who gets maintenance for spouses and child support. Unless they discuss and agree on those items, they do not have an uncontested divorce.
Their Will County divorce case may start off as being contested when the couple is not in agreement. It is important for parties considering an uncontested divorce to speak with an attorney from our firm or obtain a template of a document that lists the things that should be discussed.
An uncontested divorce could be referred to as a joint simplified dissolution in Will County. The divorce document states that the parties reached an agreement on everything. They meet the specific criteria stated in Illinois Statute 750 ILCS5 5/452. The only other thing that might qualify as an uncontested divorce for people that do not meet that requirement is when the parties already completed the negotiation and filed the case.
For example, the parties can file an uncontested divorce if they state in their petition that they already reached the settlement agreement and they wish to finish the divorce proceedings as fast as possible. The only way a divorce is uncontested is when the parties already reached the formalized agreement at the time they file case. If one of the parties changes their mind, that agreement is not binding. The parties have time to have the case heard by a Will County judge.
The key difference between an uncontested divorce and a contested divorce is agreement. The parties may recognize that they did not discuss everything, but they might think they have an uncontested case. It becomes contested because the parties did not discuss everything and come to an agreement.
Another issue is that people change their mind. Sometimes, parties reach an agreement because one side dominates the situation. As an example, one party agrees to waive their rights regarding a pension. That party talks with an attorney and recognizes the value they are giving up. They decide they no longer agree to the terms of the divorce.
The procedures in an uncontested divorce, or a joint simplified dissolution in Will County, are the same as a typical divorce. A petition is filed and a judge is involved. In an uncontested divorce, the parties reached an agreement on everything. If the couple has children, they have a joint allocation of parental responsibility and parenting judgment. The parties also reached a marital settlement agreement dividing the property, assets, and liabilities to the satisfaction of the parties.
Once the parties reach an agreement, they go to court for a prove-up to present the petition in court or respondent in certain circumstances. The parties come into court with the copy of their signed agreements and testify to the judge that this is truly their agreement. They wish the court to enter this agreement. The court listens to the terms and agreement and approves the agreement in 99.99 percent of the cases.
Uncontested divorces go faster because the parties already reached an agreement. The process is filing a petition and crafting settlement agreements. The parties agree on the allocation judgment for their children. Every case has a marital settlement agreement. The parties appear in court and offer their testimony to the court regarding their agreement.
A joint simplified dissolution in Will County is not the same as filing irreconcilable differences. In fact, it is quite the opposite. Every case in Illinois is filed under irreconcilable differences, whether the parties have an agreement or not. The state no longer has any other faults such as adultery or mental cruelty. Divorce cases are filed only under the statutory requirement. A divorce case is uncontested if the parties have written agreements about their children and their financials. For more information, call us at Reidy Law today.