Is an Uncontested Divorce Right for You?

 Posted on January 05, 2016 in Divorce

Divorce is not always a long, ugly, mess. In Illinois, uncontested divorces are increasingly common. Instead of both sides filing motions and petitions with the court over a period of months and even years, in an uncontested divorce, the two sides agree to everything beforehand.

The Pros of Uncontested Divorces

Uncontested divorces are becoming more popular because of all the benefits they offer over a more traditional approach to divorce. Uncontested divorces are usually:

• Faster than regular divorces;
• Less expensive;
• Less emotional; and
• More conducive to better post-divorce relationships

In an uncontested divorce, a couple can be finished with the entire process in less than a month. While it is still important that both sides have their own independent lawyer, legal fees and court fees are much lower when both sides agree on the main issues and there are not legal arguments being battled back and forth.

Often the longer a divorce drags on, the more emotional the process becomes for everyone involved. An uncontested divorce allows both sides to begin moving on without a lot of resentment and anger. When there is less emotional turmoil as part of the divorce, both spouses can have a better relationship after the divorce.

Myths of Uncontested Divorces

There are many myths about uncontested divorces. Some of the most common myths are:

• You do not need a lawyer;
• You cannot have an uncontested divorce if you have children; and
• If you do not have your day in court, you will not get what you deserve.

Divorce is a serious matter. Everyone should consult with a lawyer before getting a divorce. The right lawyer can be an excellent partner in an uncontested divorce. Your lawyer can make sure the legal paperwork reflects what you want the outcome to be and avoid any filing mistakes.

If you have children, and you both agree on issues such as child support and parenting time, there is no reason you cannot take advantage of the uncontested divorce process.

Any time you go to court there are no guarantees. People are almost always happier in a divorce with their own solutions than they are with court-imposed solutions. Having a lawyer will help you make sure your rights are protected.

When an Uncontested Divorce May Not be Right

An uncontested divorce is not right for everyone. If there has been a history of domestic abuse, there is little agreement about anything, or one spouse is manipulative or controlling, an uncontested divorce would most likely be a mistake.

If you have questions about uncontested divorces, or any other family law issue, you need to speak with a seasoned and dedicated Lombard family law attorney. Call A. Traub & Associates today to schedule a consultation. Make sure you understand your rights.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3800000&SeqEnd=5300000