How to Get an Uncontested Divorce in Illinois: Preparation and Process

Updated: Sep 4

In Illinois, divorce is a complex process involving two individuals, and when assets, debt, children, or spousal support come into play, disputes can arise that can become costly financially and emotionally.

An option for a more simple divorce that is available to Illinois residents considering divorce is called an "Uncontested Divorce," which makes the process much easier for spouses and Chicago Family Attorneys can assist you.

While seeking a peaceful resolution is commendable and always recommended, it's crucial to ensure that your rights are protected throughout the divorce process. To do so, you must first understand what your rights are and how they can affect your divorce.

In this comprehensive guide, we will walk you through the steps of obtaining a simple divorce in Illinois while addressing the importance of understanding your legal rights, seeking legal assistance if needed, and alternatives to hiring an attorney if necessary.

Use this guide as an educational way to make positive changes in your life and explore options that may fit your needs.

If you would like to consult with a licensed divorce attorney about your options, call Chicago Family Attorneys at 312-965-5618 or book an appointment online through our free consultation booking page.

An uncontested divorce is one of the most simple forms of divorce. It means that spouses agree on everything, and they can easily move forward, sign the pleadings that are necessary to file, and have a judgment for divorce granted.

The good news is that the Illinois Marriage and Dissolution of Marriage Act can make the process fairly easy so long as a couple agrees completely on every aspect, including finances, the division of assets, alimony, the division of debt, child support, and child custody.

Our law firm advises individuals that they should hire an experienced divorce attorney to ensure that their assets and case are handled with care.

If a couple does not have many assets, children are not involved, and there is not much debt to divide, you may not need an attorney. An important factor to think about for many litigants is also the amount of time it takes to litigate your own divorce and the stress that people often endure.

If you have any concerns regarding your divorce, you should strongly consider hiring an attorney. The average divorce in Cook County, Illinois is around a year to two years when assets, debt, or children are involved, but a licensed attorney that has considerable knowledge of family law and dissolution of marriage proceedings will work to move your case forward to completion.

If you are still unsure about hiring a divorce attorney, many attorneys in Cook County offer free consultations to determine what benefits an attorney can bring to your case.

The process of divorce can come in several forms. Divorce can be through strenuous litigation, it can occur through mediation and can come in the form of an uncontested divorce through the courts.

A large majority of these choices and different types of divorces are based upon factors that are different in every marriage.

Evaluate your answers to these questions to determine what options might be the best fit for you and your family. This is an expandable list of questions. Click on each one to determine potential options available to you.

Do you and your spouse agree on the divorce?

Agreeing to a divorce is one of the simple issues on the path to obtaining a judgment for the dissolution of your marriage. Remember, when one spouse does not agree to the divorce, it does not stop a divorce from occurring.

If you both agree to a divorce, then you can consider a variety of options such as uncontested divorce, mediation, and even alternative dispute resolution.

If you do not agree, you will have to file in court and serve the other party to start the process of divorce in Illinois.

Have personal assets been divided already?

If personal assets have been divided already, then the good news is that the division of personal assets has created less potential for fighting over items within the household.

Various items, art, pets, or even baseball cards can quickly become a series of back-and-forth fighting that most parties will want to try and avoid.

If fighting is intense over these items, you may potentially be prone to litigation. However, if you believe that a civil conversation can be made with a mediator involved, then alternative dispute resolution or mediation may be a good option for you.

Do you have children from the marriage?

If you have children from the marriage, several thoughts must be considered. Primary custody will need to be agreed upon, child support will need to be discussed, and parental rights and responsibilities will need to be factored into the divorce.

Those three issues often prevent families from uncontested divorces in Illinois, but if you and your spouse are capable of being amicable, you may still have an opportunity to save on litigation costs and enter into an arrangement that benefits all family members.

Mediation which may be costly at times is also a great alternative to a contested divorce in court and you may be able to negotiate a large majority of the issues instead of having to spend costly legal fees.

Do you own any real estate, or was any real estate acquired during the marriage?

If assets were acquired during the marriage such as real estate you will need to evaluate and determine marital and non-marital property.

Generally, real estate that was acquired during the marriage is deemed to be marital property.

If you acquired property before the marriage, but that property has later had a mortgage placed on it and payments have been made or the mortgage has been paid off, then the property can be deemed marital property in some cases.

Knowing your rights with regard to marital property and spousal support is key in a dissolution of marriage action in Illinois.

Will either party require spousal support?

If you have been a homemaker for 25 years and have not been in the workforce for a significant amount of time, you may need assistance with your finances since your job was to assist with your family. You may also need to go back to school to adapt to a new trade or skill that makes you marketable in the workforce.

If you both agree on these terms and how to remedy these terms, you may be able to proceed with an uncontested divorce. If you cannot, a mediator or litigation will be an option that you can explore.

Do you own a business, or are you self-employed?

Depending upon when you started the business and how you pay yourself, this may determine how this asset or the value of the asset is split.

Often to consider this portion of marriage, experts are called upon to value the property, the business assets, and the liabilities to determine what is a fair market value of the business to be divided.

More often than not, these types of division and analysis are prevalent in mediation and litigation. They also cost a significant amount of funds.

Can you afford an attorney or a mediator?

If you have significant assets, mediation is often the best way to get an amicable and quiet divorce.

However, if you are in a position where you do not feel financially secure, you may be able to have your spouse pay for your attorney through a process called "equalization."

If you and your spouse do not have a job or significant assets to cover the cost of an attorney, you may want to look more into a simple uncontested divorce. Other options for representation include limited-scope appearances, legal ghostwriting, divorce coaching, and other options that are more affordable.

All of these questions will help you determine what is appropriate for you. Evaluate them carefully, answer them honestly, and at the very least, consult with an attorney. If you would like a consultation with our firm to determine your options, please feel free to book an appointment online or call us at 312-965-5618.

No one can tell you whether or not you should get a divorce. People who are hurt, stressed, or confused often pose this question. The only person that can answer this question is you.

The first step in determining whether. a divorce is the right choice is usually the hardest for most clients. Clients need to evaluate whether or not the marriage is salvageable and determine if they want to work on the marriage or seek a divorce.

This seems obvious to most people, but the Illinois Marriage and Dissolution of Marriage Act has specific requirements that must be met regarding the inability to reconcile differences.

Previously, there were a variety of grounds for divorce in Illinois, but the requirement that various grounds be plead within a dissolution of marriage case changed on January 1st, 2016, when the Illinois legislature introduced no-fault divorces to the Illinois Marriage and Dissolution of Marriage Act.

The grounds for divorce previously included drug addiction, adultery, alcoholism, bigamy, desertion of the marriage, extreme physical abuse, and extreme emotional abuse.

750 ILCS 5/401 states specifically:

"Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family."

What this means is that reconciliation between you and your spouse is not possible and that any possibility of resolving issues from the marriage would not work. Not only would reconciliation be impracticable, but it would not be in the best interests of the family.

Section 401(a) requires irreconcilable differences that caused the irretrievable breakdown of the marriage. The court must find failed reconciliation efforts or that future attempts would be impracticable and not in the family's best interests.

Most clients think that lawyers who practice divorce law are solely focused on litigation. Our law firm believes that a good divorce lawyer will examine the underlying reasons for the divorce and whether they can assist their client in resolving the issues throughout the divorce proceeding.

We take a look at the client and try to figure out what their underlying issues are. Most people think they just want a divorce when they come to us, and it seems so clear to them, but in reality, we ask why they want to get a divorce, although this is a no-fault divorce state.

If the real reason you are considering a divorce is that you are bickering over small things at home or have constant stress, divorce might be a large leap to take at once. If you want to get a divorce because your spouse is not faithful and has squandered hundreds of thousands of dollars, then you are more than likely a good candidate for divorce.

If you are fighting over finances and prioritization of those finances, it may be worthwhile to talk to a financial planner and discuss your concerns openly. If the majority of the stress in the marriage is coming from issues pertaining to mental illness or an unhealthy lifestyle, seek professional assistance.

Some couples have multiple avenues in which they can seek happiness and avoid divorce. Based on the cases that we have handled over the years, it is always best to be open about your goals, your finances, the way you feel, and your ambitions with your partner before pursuing a divorce.

Getting a divorce is a large life choice. You want to be sure that you have exhausted all avenues and that you are mentally, emotionally, and financially prepared.

If you think numbers two and three have a positive answer behind them, then take a minute to consider other options, such as counseling and talking with your spouse.

If you are someone who can't imagine paying an attorney to do a divorce for you, there are plenty of options out there. Attorneys that focus primarily on matrimonial law, family law, and specifically, the Illinois Marriage. and Dissolution of Marriage Act are often vital to divorces based upon the knowledge and litigation experience they possess.

Legal Coaching is a newer trend that is fairly popular and gaining more attention every day.

Legal coaching is when an attorney who is licensed in your state sets a time and date, just like a consultation, and evaluates your overall situation to understand your needs and underlying interests regarding the divorce.

After completing a comprehensive and exhaustive interview, the attorney will assist in determining which laws will apply, what variables in your divorce may affect your divorce, and what may or may not need to be drafted.

The attorney, in this instance, can offer a more in-depth way to guide you through your legal proceeding.

Legal ghostwriting is when an attorney drafts a document on behalf of a client without representing them in court. What happens in court will ultimately be up to the judge, the client, and the opposing party. Essentially, they're the unseen legal mind that is assisting and trying to steer some of the cases for the client.

It may not always be easy to find legal ghostwriters since advertisements mostly pertain to limited-scope representation in Illinois, but there are some attorneys that may consider this option.

For attorneys who are newer to the concept of ghostwriting and would like to add ghostwriting to their practice, please feel free to read about document preparation services within Illinois Supreme Court Rule 13.

The documents required are outlined within Illinois Supreme Court Rule 13 as well and can be very helpful in the practice of law and alternative services.

In many jurisdictions, clients, and attorneys have traditionally only allowed for full representation in a matter. This is not a flexible approach to representation and requires that clients pay for services that they may feel as though they can complete on their own.

Over the last few years, there's been a growing sentiment that more affordable access to justice should exist. This thought has allowed states like Illinois to introduce a more flexible approach to representation which is known as limited-scope representation.

Instead of an attorney working on the entire case, the attorney and the client agree on a very limited portion of the case to be completed such as an initial appearance and the filing of documents, a hearing on an order of protection, or even a trial.

The attorney usually charges a flat rate, but that is ultimately up to the attorney and their divorce law firm.

If you are an attorney who is licensed and barred in the state of Illinois and you are newer to the practice of law, there are several rules that you may want to learn about. If you want to learn more about adding limited-scope appearances to your practice, please feel free to read the following documents from the Illinois Professional Rules of Ethics and the Illinois Supreme Court Rules.

Illinois Professional Rule 1.2 talks about appearances and the authority that is granted to attorneys, but it also talks about the Limited Scope appearance agreement that a client and an attorney can enter into.

Illinois Supreme Court Rule 11 discusses how service of notice for a Limited Scope Appearance shall occur.

If you have determined that you do not want to hire an attorney and that you would like to represent yourself, you must first determine if your divorce is uncontested or contested.

Once again, it is highly advisable that you speak to an attorney at a family and divorce law firm who can answer your questions about the process. Paying for an hour of the attorney's time is usually a good investment.

An uncontested divorce is when both parties agree on all aspects of the divorce, but if a single aspect, such as division of debt or whether or not a home should be sold, is not agreed to, then you need to file in court and start contested dissolution of marriage proceedings.

After you have determined that you want a divorce, try to have an amicable and reasonable conversation with your current spouse.

When determining if your spouse would like an uncontested divorce, talk to your spouse in a calm fashion and instead of fighting over the underlying reasons as to why you want the divorce, try to ask them if they want a divorce as well without raising your voice and without becoming emotional.

Give them space and reasonable time. Set a time and date as to when you would like their answer on whether or not they want to get a divorce.

If they do not agree to the uncontested divorce or divorce at all, then it is time for you to move on to the next stage of filing for a contested divorce.

If your spouse agrees to the divorce, then start going through your assets and issues that you may need to discuss.

Determine how to split and resolve any issues surrounding the following:

I am Attorney Aaron Korson. I am the owner of Chicago Family Attorneys.

In Chicago and Cook, DuPage, Lake and Will Counties, our law firm works to give families clear guidance during difficult moments.

Over the past few years, we have accomplished remarkable goals, including setting legal precedents, overseeing the equitable division of marital and probate estates exceeding $30 million in value, and successfully litigating various civil matters.

The most fulfilling part of my job is assisting clients throughout the next stage of their life.

The accomplishments of our firm fill me with great pride, and I sincerely hope that the knowledge we share with you proves invaluable.

Tags: