Divorce 101: Uncontested Divorce vs. Courtroom Divorce

Uncontested Divorce Mediation

Posted October 10, 2019

When a couple takes their vows and says; “I do,” it’s meant to last a lifetime. No couple ever anticipates that finances, infidelity, lack of attention/communication, or irreconcilable differences will get in the way of their marriage. After all, the marriage is suppose to endure sickness and health or until death does you part, right? 

uncontested divorce in chicago

According to the American Psychological Association, “40 to 50 percent of married couples in America divorce.” A divorce is when a couple terminates or dissolves their marriage by court authority (state jurisdiction). The question is are you seeking an uncontested divorce in Chicago or courtroom divorce and what are the differences? 

Uncontested Divorce 

An uncontested divorce is chosen by couples that agree on the terms of their divorce. For example, they’re in agreement with their finances, custody of the kids, etc., they can pursue an uncontested divorce. An uncontested divorce in Chicago is known as one of the most basic kind of divorces. It must be initiated by one party for the process to begin. This is known as one of the most amicable divorce proceedings for married couples and the courts. 

What you can expect from an uncontested divorce:  

Once you’ve reached an agreement on all of the matters concerning the divorce including: 

  • custody agreement 
  • child support/alimony (i.e. amount/duration) 
  • property division 
  • debt arrangements 

…an uncontested divorce can proceed. 

Once everyone involved has reached an agreement, file the necessary court paperwork to have the divorce finalized, and a judge will approve the divorce. unless If appears there’s circumstances surrounding the agreement that aren’t feasible for either party, a hearing may be scheduled. If you prefer, an attorney can look over the settlement agreement for any legal discrepancies that may exist. 

Courtroom Divorce 

A courtroom divorce is the main divorce proceedings most couples are familiar with when it comes to dissolving their marriage. You’ll be advised to try to handle your divorce without standing before a judge, but if you can’t, a courtroom divorce hearing is scheduled to finalized the most important details. Ironically, when one of the parties refuse to adhere to the divorce agreement, it’s also necessary to move forward with a courtroom divorce. In fact, a disagreement can be a result of one party not agreeing to the divorce. 

When you and your spouse can’t resolve all of your issues, a courtroom divorce becomes your best option. For example, if your spouse won’t pay the court-ordered child support, divorce court is a great way to ensure that you can get a court order against your spouse. Ironically, if you’re pursuing a courtroom divorce, it’s always wise to have legal representation to ensure all of your issues are presented before the court. In a courtroom divorce, a judgment is entered that both parties must adhere to or risk being sanctioned, fined, or jailed. 

What Are The Differences Between An Uncontested Divorce And A Courtroom Divorce 

Ironically, there are differences between an uncontested and courtroom divorce. An uncontested divorce in Chicago is easier because all of the parties agree on the terms of their divorce. There are usually no minor children and very few assets. When compared to a courtroom divorce, an uncontested divorce also costs less. 

However, according to Justia, “many divorces start out contested and end up uncontested as both parties start to reach a mutual agreement.” A courtroom divorce can be drawn out and often times, requires the help of a legal professional. Consequently, a contested divorce (courtroom divorce) is usually dissolved in a courtroom before a judge. 

An uncontested divorce differs from a courtroom divorce because it requires little to no intervention from the court. Unfortunately, a contested divorce can end up in a courtroom battle. When you can’t come to an agreement, you’re asking the court for their assistance in finalizing the divorce and helping you with the issues that you can’t agree on. The judge makes a ruling concerning the issues that are presented before them in a courtroom divorce which is rarely the case in an uncontested divorce in Chicago. It’s up to the married couple to come up with an agreement if they never want to step foot in a courtroom.

In fact, during a courtroom divorce, a judge has the option of modifying the divorce decree. For example, if one person loses their job and can no longer pay the amount of alimony or child support from the court agreement, the divorce decree can be amended. 

How Will I Know Which Divorce Option Is Best For Me?  

When you choose a divorce option, it’s important to choose one that’s best for you, but also one for the children (if you have kids). You’re more familiar with your situation than anyone involved, but an attorney has the legal experience to help you come up with a quality divorce decree. There are several factors that should be taken into account when you’re considering a divorce.

For instance, the length of your marriage, income, assets, and children are also important factors of a divorce. These issues are known as the complexities of a divorce. Choosing between an uncontested and courtroom divorce depends on the level of stress and finances you’re willing to go through to move forward with your life. However, getting a divorce is never easy for any of the parties involved and will hold some measure of emotional distress whichever type of divorce you choose. 

Why Couples Turn To Split Simple For Help 

At Split Simple, we understand that no divorce is easy and strive to make the transition as smooth as possible. We encourage our clients to take charge of their future with a smart resolution to divorce. Our Chicago divorce mediation services helps couples come up with an agreement that will help everyone feel good about themselves and move on with their lives as individuals. No couple is alike and every divorce should be handled differently for the best results. 

Contact a Divorce Mediator in Chicago Today

You’re invited to Contact Split Simple today for a free consultation. We pride ourselves in offering a smarter way to get a divorce!

Split Simple

Two Prudential Plaza

180 North Stetson Avenue #3500

Chicago, IL 60601