What Is an Uncontested Divorce?

Posted on in Illinois Family Law

IL divorce attorneyWhen spouses decide to get divorced in DuPage County, they will have one of two types of divorce: a contested divorce or an uncontested divorce. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs nearly all divorce issues in the state, including those related to both contested and uncontested divorce. What is the difference between the two types of divorce? In short, a contested divorce is one in which the couple cannot agree to all (or any) terms of the divorce, from financial matters to issues concerning parental responsibilities and parenting time. Differently, an uncontested divorce is one in which both parties not only agree to the divorce itself but also to all of the terms.

An uncontested divorce can be preferable to spouses for many reasons. We will go over some of the benefits of uncontested divorce with you. As we do, keep in mind that even in situations where couples agree to the terms of the divorce, it is still extremely important to have an experienced Oakbrook Terrace divorce lawyer on your side throughout your divorce.

What Do Lawyers Mean When They Talk about Uncontested Divorces?

What is an uncontested divorce? In the most general terms, an uncontested divorce means that the parties have come to a full and complete agreement instead of requiring the court to make any decisions surrounding the divorce.

With a contested divorce, the couple may not be able to agree to anything, or there may be a handful of key issues to which the spouses cannot agree. In these situations, the court must look at the facts of the case and make a decision. The court’s decision can involve, for instance, whether spousal maintenance is appropriate in the case, or whether the parents should share in important decision-making functions about their child’s upbringing and in parenting time.

Why Should I Choose to Have an Uncontested Divorce Instead of a Contested Divorce?

Why would anyone choose an uncontested divorce instead of a contested divorce? When the court has to make a decision about an issue concerning a couple’s divorce, the process typically is more expensive, it takes a longer period of time, and neither of the parties has much of a say in the process. Accordingly, the following are some of the benefits of an uncontested divorce:

  • Divorce takes a much shorter period of time;
  • Divorce typically costs less money; and
  • Both parties feel that they have had a voice in the divorce process, from input on financial matters to parental responsibilities and the upbringing of their children.

What Do My Spouse and I Need to Agree On to Have an Uncontested Divorce?

In order to have an uncontested divorce, spouses must agree to all terms of the divorce. Depending upon the specific couple, all of the terms can include the following:

  • Division of marital assets;
  • Spousal maintenance;
  • Parental responsibilities; and
  • Parenting time.

For a divorce to be uncontested, the parties must come to an agreement before the first court date. After that point, the court steps in and hears from both parties about key issues in the case.

Learn More By Speaking With an Oakbrook Terrace Divorce Attorney

If you need assistance with your divorce case, an experienced Oakbrook Terrace divorce attorney can speak with you today. An advocate at Farooqi & Husain Law Office can discuss your options with you and provide you with more information about divorce among members of the Muslim community in DuPage County. Contact us for more information.




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