Divorce laws are not defined by Will County, they are Illinois divorce laws. An uncontested divorce could be referred to as a joint simplified dissolution. 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 judge.
The processes involved in an uncontested divorce in Will County are laid out in Illinois Statute 750 ILCS5 5/451-457.
The procedures in an uncontested divorce 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 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.
An uncontested divorce 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.
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 factor is that situations change. For example, the parties state in their written agreement that neither party receives maintenance. Each party has a good income and a steady job. They put some things on paper as to who gets what and then one party loses their job. Now, things have changed; the reality is that the situation is changed. A change took place outside of the agreement that was unanticipated.
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 most common misconception of uncontested divorce is when people think they have an uncontested divorce, they are usually referring to their children. If a couple does not have children and they claim they have an uncontested divorce, that could mean they discussed some or all of their financials. Mediation is used for the children in Will County and most of the counties. It is not used for financial situations unless the parties agree to mediate with a financial mediator. Litigation is used when the parties do not agree with everything. Litigation is not part of an uncontested divorce when the parties reached an agreement on everything. The only time the parties appear in court for an uncontested divorce is for a prove-up.
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