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Uncontested Divorce Lawyers in Chicago Illinois

Divorce is never easy, but it doesn't have to be a battle. If you and your spouse can agree on all terms of the divorce—including the division of assets, child custody, and financial support—an uncontested divorce with Chicago Family Attorneys, LLC is the most straightforward and cost-effective path forward to a divorce without stress.

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Understanding Uncontested Divorce in Illinois

An uncontested divorce is a type of divorce where both parties agree on all issues. This includes child custody, property division, and spousal support.

In Illinois, this type of divorce is governed by the Illinois Marriage and Dissolution of Marriage Act. This law sets out the rules and procedures for all divorces in the state.

To file for an uncontested divorce, you must meet certain criteria. Both parties must agree on all aspects of the divorce. This includes the division of assets and debts, child custody, and spousal support.

Here are the key aspects of an uncontested divorce in Illinois:

  • Both parties must agree on all issues related to the divorce.

  • At least one spouse must have lived in Illinois for at least 90 days.

  • Both parties must disclose all assets and debts.

  • A written agreement, known as a master settlement agreement, must be submitted to the court.

  • The court must approve the agreement and find it fair and equitable.

Understanding these aspects can help you navigate the process more smoothly. It can also help you make informed decisions about your divorce.

Affordable Divorce Attorneys for Uncontested Divorces

Our Attorney's fees for uncontested divorces are considerably lower than our competition. Our law firm charges a range between $1,500 for divorces with no children and no property to $2,500 for divorce with children and property. Other firms charge an average of $2,780 to $5,000 for uncontested divorce cases in Cook County. 

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Fast Divorces and an Affordable Options

Cost Considerations and Financial Implications

One of the main advantages of an uncontested divorce is the potential for lower costs. Unlike contested divorces, uncontested divorces often require fewer court appearances and less legal wrangling.

However, there are still costs to consider. These include court filing fees, attorney fees, and costs associated with preparing and serving divorce papers. It's important to budget for these expenses.

 

Here are some typical costs associated with an uncontested divorce in Illinois:

  • Court filing fees: These vary by county, but expect to pay several hundred dollars.

  • Attorney fees: While you can file for an uncontested divorce without an attorney, having one can ensure the process goes smoothly. Fees can vary widely, so shop around.

  • Service of process: This is the cost of delivering the divorce papers to your spouse. The cost can vary depending on the method used.

Remember, an uncontested divorce can become contested if disagreements arise. This can significantly increase costs. Therefore, it's crucial to communicate clearly with your spouse and strive for agreement on all issues.

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WHY CHOOSE AN UNCONTESTED DIVORCE IN CHICAGO?

AGREED DIVORCES ARE COST EFFECTIVE

Uncontested divorces are generally less expensive than contested ones. By avoiding lengthy court battles and extensive attorney fees, you can significantly reduce your legal expenses.

UNCONTESTED DIVORCE CASES ARE FAST

Without the need for a trial or multiple court hearings, uncontested divorces can be finalized more quickly, allowing both parties to move on with their lives sooner. Ultimately, the attorney that you hire will be able to appear on your behalf and they can move the case forward without the need for you to return to court repatedly.

UNCONTESTED PROCEEDINGS ARE LESS STRESS

The cooperative nature of uncontested divorces tends to reduce emotional stress and conflict, promoting a more amicable relationship—especially important if children are involved. By having amicable proceedings, not only will you be able to finish the case quicker, but you will be able to rest with peace of mind.

UNCONTESTED DIVORCE IS A SIMPLIFIED LEGAL PROCESS

The legal process is more straightforward in uncontested divorces, with less paperwork and minimal court involvement. Instead of a long drawn out court proceeding, these matters tend to resolve in a more simplified manner.

UNCONTESTED DIVORCES HAVE LESS COURT APPEARANCES

In many cases, an uncontested divorce can be finalized without either party having to appear in court, saving time and reducing inconvenience.

 

In Cook County and DuPage County, there are pilot programs that now allow parties to conduct a prove up and gain a judgment so long as the parties agree on all aspects of the divorce and are represented by attorneys for each party within the case. The attorneys submit prove up affidavits that allow for the divorce decree and judgment for dissolution of marriage to be entered.

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HOW TO GET AN UNCONTESTED DIVORCE

The process of an uncontested divorce in Illinois involves several key steps. Understanding these steps can help make the process smoother and less stressful.

First, the spouse initiating the divorce, known as the petitioner, must file a Petition for Dissolution of Marriage. This document outlines the grounds for divorce and the desired terms.

Next, the other spouse, the respondent, must be served with the divorce papers. This can be done through a process server or by the respondent voluntarily accepting the papers.

Once served, the respondent has 30 days to respond. If they agree with the terms outlined in the petition, they can sign the papers, moving the process forward.

The next step involves negotiation. Both parties must agree on all terms, including division of assets, child custody, and spousal support. This is often done through a master settlement agreement.

Once an agreement is reached, the terms are put into a Marital Settlement Agreement. This document is then submitted to the court for approval.

A court hearing is then scheduled. Both parties must attend this hearing, where a judge will review the agreement.

If the judge approves the agreement, a Judgment for Dissolution of Marriage is issued. This document finalizes the divorce.

After the judgment is issued, both parties must adhere to the terms outlined in the agreement. This includes dividing assets and following custody arrangements.

While the process may seem straightforward, it's important to remember that every divorce is unique. It's always a good idea to consult with a divorce attorney to ensure all legal requirements are met.

The following is a summary of the key steps:

  1. File Petition for Dissolution of Marriage

  2. Serve divorce papers to the respondent

  3. Respondent's response

  4. Negotiation of terms

  5. Submission of Marital Settlement Agreement

  6. Court hearing

  7. Issuance of Judgment for Dissolution of Marriage

  8. Adherence to the terms of the agreement

MEET THE RESIDENCY REQUIREMENTS

Ensure that either you or your spouse meet the residency requirements for filing for divorce in Illinois. At least one spouse must have lived in Illinois for at least 90 days before filing. Both spouses are not required to be residents of Illinois, but you must live in the state the required amount of time to file. If your spouse lives in a different state, you are still capable of filing for an uncontested divorce.

HIRE AN UNCONTESTED DIVORCE ATTORNEY

The quickest way to get an uncontested divorce completed in Cook County, Illinois is to hire an attorney that is experienced in matrimonial law and dissolution of marriage cases in Illinois. These cases may seem easy for people, but the reality is that attorneys know how to file the matters and they know the requirements that you must meet in order to get the case done. 

Do not use the same attorney to represent bboth spouses in an uncontested divorce. Each spouse should hire their own attorney in the matter to represent their own interests and in the event the matter becomes a contested divorce, it will make sure the process allows you to still have legal representation throughout the case. If an uncontested dissolution of matter becomes contested or hostile, an attorney that is used by both parties would have a conflict of interest and would not be able to represent both spouses or either party.

Another benefit to hiring your own uncontested divorce lawyer is that Cook County and DuPage County allow for the parties to submit prove up affidavits so long as each party is represented by their own attorney. This lessens the amount of time you need to appear in court overall and makes it easier on the parties involved.

GROUNDS FOR UNCONTESTED DIVORCE

Illinois is a no-fault divorce state, the only grounds for divorce are "irreconcilable differences," which means that you are not capable of fixing the marriage. As a result of the issues within your marriage, you have an irretrievable breakdown of the marriage.

 

Proving infidelity or other issues is not necessary for your divorce and should not b brought into the pleadings or motions that are necessary to gain your judgment for dissolution of marriage. Both parties must agree that there is an irretrievable breakdown in the marriage, but it only requires that one person not be willing to move forward with the marriage.

AGREEMENT ON THE TERMS OF THE DISSOLUTION OF MARRIAGE

For both parties to gain an uncontested divorce, both spouses must agree on all terms of the divorce. If you have children within the marriage, the parties must agree on the parenting plan and allocation of parental rights. That means that decision making for the children and physical custody must be agreed upon.

 

In addition, the parties must agree on the division of assets, spousal support, and the division of debt. If you own a home together, the parties must agree on how the property must be divided. If you would like to learn more about child custody, please visit our page to learn more.

FILE THE PETITION FOR DISSOLUTION OF MARRIAGE

To start the case, the attorney representing you must file a Petition for Dissolution of Marriage with other necessary paperwork. The petition allows for the case to be started. It outlines the reasons in which you are seeking the uncontested divorce and also outlines what the party filing the matter is requesting from the court to gain the judgment for dissolution of marriage.

SERVICE OF PROCESS OR WAIVER OF SUMMONS

After the Petition for Dissolution of Marriage has been filed, the Respondent must be served or sign a waiver of summons. Service of process is a legal procedure in which a party involved in a lawsuit must be formally notified of the legal action being taken against them.

 

In an uncontested divorce in Illinois, this means that one spouse must officially serve the other with divorce papers, informing them of the intent to dissolve the marriage. However, in certain cases where both parties have already agreed to the terms of the divorce, a waiver of summons can be signed by the other spouse. This essentially waives their right to be served with divorce papers and acknowledges their agreement to the terms set forth by their spouse.

 

This can save time and resources for both parties involved in an amicable divorce, allowing for a simpler and more efficient resolution.

FILE THE RESPONSE

Filing a response in an uncontested divorce matter in Illinois is a straightforward process. Once the petition for divorce has been served to the respondent, they have 30 days to file a written response with the court. This can be done by filling out the appropriate forms, which can usually be found on the court's website or obtained from the courthouse. The response should address each of the issues outlined in the petitioner's complaint and include any counterclaims or requests for relief.

 

It is important to ensure that all information provided is accurate and complete. Once the response is filed, both parties may be required to attend a hearing to finalize the divorce agreement. In an uncontested divorce, where both parties agree on all terms of the separation, this hearing can often be completed quickly and without much conflict. Overall, filing a response in an uncontested divorce matter in Illinois allows for a smooth and efficient process towards finalizing the dissolution of marriage.

EXCHANGE FINANCIAL AFFIDAVITS

For an uncontested divorce to occur, both parties must be aware of all financial issues within the marriage and how they would like to have them separated.  This includes assets, debts, and any other financial agreements made during the marriage. It is important for both parties to be transparent and honest in disclosing this information to avoid any surprises or misunderstandings during the divorce process.

 

Additionally, it is crucial for both parties to have a clear understanding of their individual rights and responsibilities in regards to child custody and support. This may require communication and compromise between both parties in order to come to an agreement that is in the best interest of the children involved.

ALLOCATION OF PARENTAL RIGHTS IN UNCONTESTED DIVORCE

If children are involved in an uncontested divorce, attorneys can draft allocation of parental rights agreements and the necessary judgment that can be entered into the court.  These agreements outline the specific terms and conditions of child custody, visitation schedules, and child support. This allows parents to have a clear understanding of their responsibilities and rights when it comes to their children after divorce.

MARRIAGE SETTLEMENT AGREEMENTS AND JUDGMENT FOR DISSOLUTION IN AN UNCONTESTED DIVORCE

Preparation of a Marriage Settlement Agreement and Judgment for Dissolution of Marriage is one of the final pieces needed for an uncontested divorce. An attorney preparing these documents will  need information about the parties involved, including their names, addresses, and dates of birth. They will also need to know the date and location of the marriage, as well as any children or property involved.

 

In addition to this basic information, the attorney may also ask for details on the reason for divorce, such as irreconcilable differences or adultery. This information is necessary in order to properly draft the Settlement Agreement and Judgment.

 

The Settlement Agreement outlines all agreements made between both parties regarding child custody, visitation rights, child support, spousal support/alimony, division of assets and debts, and any other important matters related to the dissolution of marriage. It is important for both parties to carefully review this document before signing it.

After these documents are entered within the court, the court will schedule a prove up date or they will accept affidavits if you are represented by counsel in certain counties like Cook County and DuPage County.

FREQUENTLY ASKED QUESTIONS

How long does an uncontested divorce take in Illinois?

Uncontested divorces typically take about three months to six months from filing to finalization, depending on the court's schedule and the complexity of the case.

Do both spouses need to appear in court?

Usually, the attorneys handling the matter will appear on status calls unless there is a hearing that needs to occur within the case. If you have a divorce that is 

What if we have children from the marriage?

You will need to draft a Parenting Plan detailing custody arrangements, visitation schedules, and how decisions about the children will be made.

Can we still get an uncontested divorce if we have property and debts to divide?

If you have marital property or assets that need to be divided still, you can still gain a divorce in Illinois. You will have to ultimately agree on the terms in which you are going to divide them.

How much does an uncontested divorce cost if I hire your law firm?

The average uncontested divorce for Chicago Family Attorneys, LLC is a total of $1,500, to $2,500, not including filing fees. This is an upfront cost that is paid to the law firm. This makes Chicago Family Attorneys, LLC one of the most affordable divorce attorneys in Chicago, Illinois. The legal fee must be paid upfront and this fee is required for work to be started on a case.  Court filing fees which very based upon county are to be paid by the client as well.

Will I need to appear in court for my uncontested divorce?

In most cases, yes, you will need to appear in court for your uncontested divorce in Illinois, even if you and your spouse agree on all terms. This court appearance is typically called a "prove-up" hearing. If you are in Cook County, Illinois and are proceeding with an uncontested divorce, you may be able to submit an affidavit with your spouse if you are both represented by counsel. The pilot program for uncontested divorces through the Circuit Court of Cook County's Domestic Relations division has simplified proceedings for spouses seeking an uncontested divorce and represented by divorce attorneys.

How can I find an uncontested divorce attorney near me?

When consulting attorneys for uncontested divorces, it is always wise to carefully listen to them about the process, the timeline, and the details that go into each case. Consider the pricing and what the details are of each case. Ask questions on whether they advise both parties to get an attorney or only one. Talk to them about the assets and make sure that they are very thorough in the details they are asking about. 

Once you have found an attorney that you can work with, make sure that you can afford the attorney's fees and ensure that there are no hidden attorney's fees for your case. Once you are ready to move forward with your case, review the attorney retainer agreement or contractual attorney-client agreement and pay the fee to start the process.

When working with the attorneys at Chicago Family Attorneys, LLC we ensure that you are going to get the best service possible for a reasonable fee. Our costs are less than most attorneys and we work diligently to get your uncontested divorce completed timely.

START YOUR UNCONTESTED DIVORCE

Ready to take the first step towards a simpler, stress-free divorce? Contact Chicago Family Attorneys, LLC for a free consultation. Call us at (312) 971-2581 or book an appointment online using this link.

Take control of your future and start your uncontested divorce today!

HIRE AN ATTORNEY FOR YOUR UNCONTESTED DIVORCE

53 W. Jackson Blvd.

Chicago, IL 60604

(312) 971-2581

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