Uncontested Divorce Lawyer in Chicago for Agreed Cases

For uncontested-divorce representation through Chicago Family Attorneys, confirm the fee, covered work and separate expenses in the written agreement. The proposed scope depends on the issues and documents involved.

If you would like to book an appointment with Chicago Family Attorneys to speak with an uncontested divorce lawyer in Cook County, call 312-965-5618 or book a free consultation online.

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:

For uncontested-divorce representation, confirm the fee and covered work in writing, including how children, property and any unresolved issues affect the scope. 

Costs to consider 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:

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.

An agreed divorce usually involves fewer disputed hearings than a contested case. Attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included); court filing costs and other case expenses are separate.

Without a trial, the timing of an agreed divorce depends mainly on the court's schedule and whether the paperwork is complete. Ask your attorney which dates require your personal attendance and whether any remote appearance or affidavit procedure is available.

Working out terms cooperatively can reduce conflict, which matters especially when children are involved.

When the spouses agree on the terms, there are usually fewer contested issues for the court to decide. The required documents and court procedures still apply.

Whether either spouse must appear in court depends on the case, the judge's directions and the applicable court procedure.

Ask your attorney whether the court handling your case permits any remote appearance or affidavit procedure. Availability and requirements depend on the court's current rules, the judge's directions and the circumstances of the case.

The Divorce Process

How divorces work under the Illinois Marriage and Dissolution of Marriage Act.

Asset Division

How assets and financials are divided in dissolution of marriage proceedings.

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Need to hire a lawyer? Book a free consultation online with a divorce attorney.

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 marital 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.

If a court hearing is scheduled, confirm who must attend and how to appear under the judge's directions and applicable court procedure.

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:

Section 401(a) requires that one spouse was an Illinois resident, or was stationed in Illinois while a member of the armed services, when the action began. For entry of the dissolution judgment, the residence or military presence must have lasted for the 90 days immediately before the action began or before the court makes the required finding. The statute therefore does not always require waiting 90 days before filing. Discuss the facts and timing of your case with your attorney.

An attorney can explain the filing requirements and the documents the court expects in an agreed divorce in Cook County. 

Do not use the same attorney to represent both 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.

Your own attorney can explain the attendance requirements and any remote appearance or affidavit procedure available in your case. Confirm the current court requirements before relying on a particular procedure.

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.

Illinois uses irreconcilable differences as the ground for divorce. Proving marital fault is not required to establish that ground. Ask your attorney which facts are relevant to the issues in your case.

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.

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.

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.

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.

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.

The State of Illinois and each Circuit Court requires that the approved Illinois Supreme Court Financial Affidavit be used and exchanged in family law and divorce cases. Financial Affidavits may be used not only in divorce, but also in child support, alimony modification, and other related family law matters. If you need the updated Illinois Financial Affidavit, you can click the link here to download the Illinois Supreme Court Rule Financial Affidavit that must be exchanged.

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.

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.

Your attorney will ask about the marriage, children, finances and proposed settlement terms. Explain any safety concerns or disputed facts so the attorney can identify the issues relevant to your case.

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.

The time from filing to judgment depends on the court's schedule, the issues in the case and whether the paperwork is complete.

Whether you must attend a status date or hearing depends on your case, the judge's directions and the applicable court procedure. Ask your attorney which dates require your personal attendance and whether any remote appearance or affidavit procedure is available. 

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

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.

For an uncontested divorce, confirm the attorney fee, payment terms, covered work and separate expenses in the written agreement. Chicago Family Attorneys offers divorce representation in Chicago, Illinois. The firm must confirm that it accepts the engagement before you rely on it to begin work. Attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included); see uncontested divorce fees. Court filing fees, which vary by county, are paid by the client.

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.

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 we explain the proposed service for a reasonable fee. We work diligently to get your uncontested divorce completed timely.

Ready to take the first step towards a simpler, stress-free divorce? Contact Chicago Family Attorneys for a free consultation. Call us at 312-965-5618 or book an appointment online using this link.

Contact Chicago Family Attorneys to discuss an uncontested divorce and the work your case may require. Our office works with clients in Cook County, DuPage County, Lake County, and Will County.

53 W. Jackson Blvd., Suite 752

Chicago, IL 60604

312-965-5618

aaron.korson@chiattorney.com