Ready to Move On? What Chicago Couples Often Ask About Uncontested Divorce

Uncontested Divorce Mediation

Posted May 15, 2019

You and your spouse grew apart, and you’ve decided it’s time to separate all things financial and distribute joint properties and assets. When some residents of Illinois give thought to this process, they imagine a protracted legal battle. They don’t want to hurt each other or their children with expensive litigation, which benefits the lawyers involved when it takes a long time to conclude. Instead, couples may decide to choose a more open process in order to part amicably and to minimize the damage to all parties. If this is the way you and your spouse are leaning now, you could be good candidates for an uncontested divorce in Chicago.

At Split Simple, we might be able to help. We invite you to review these informal questions:

Distribute Assets Acquired During the Marriage Equally

You and your spouse should have a good idea what you owned prior to marriage and what you acquired together. You need to collect information on all types of assets and liabilities so they can be divided. Assets have a monetary value, while liabilities are debts owed to a third party. Debts that occurred before the marriage might not be your responsibility. 

Avoid High Litigation Costs

Divorce lawyers practice a specialized form of the law, but they earn more when the separating spouses get tied up in extensive negotiations. A streamlined process minimizes costs while ensuring all paperwork is completed.

Move Through the Process Quickly and Efficiently

Many divorcing spouses feel this is imperative for their own closure and for helping children, friends, and family members to adjust to the end of the union. When a divorce drags on, people in your social circle often feel like they must choose a side. However, if you want this partnership to dissolve with minimal expense and there are no sticking points, you could try the uncontested divorce in Chicago. Even couples with only a few issues can solve those in a single mediation and begin rebuilding their lives.

Our goal is to help readers understand the thought process behind the unconflicted divorce so they can begin to move forward at their earliest convenience.

What Uncontested Divorce Means

It’s important for divorcing couples to realize the laws governing divorce vary from state to state. You need to get over the initial hurdles, and it could be possible to avoid huge legal expenses. An uncontested divorce in Chicago means the spouses agree on the divorce-related issues. You must meet the criteria specific for uncontested divorce in Illinois.

To qualify for this type of divorce, you can conceive of this legal agreement as an all-or-nothing concept. If you file for this kind of divorce, you cannot go back later and say that something needs to be changed. The court grants special permission to proceed with this type of filing because you have already discussed it. You and your spouse agree on the division of property, assets, child support, child time sharing or custody, and alimony.

Aspects of Uncontested Divorces

You can hire a lawyer, but you could also do the paperwork yourself with a little bit of help from a company specializing in this process. Consider these aspects of this amicable solution:

The Free Exchange of Information

An uncontested divorce in Chicago is for people who can communicate in a respectful manner without using attorneys. If you and your spouse can talk reasonably, then you might not need the discovery process to share information. You don’t have to wait for endless filings with the court whereby each lawyer prepares paperwork and sends a copy to the lawyer for the other spouse. 

The Development of the Marital Settlement Agreement

A judge won’t grant a divorce without proper documentation. When you draft a Marital Settlement Agreement, you and your spouse will inform the judge how everything incurred during the marriage — including assets and liabilities — will be assigned to each party. Think of this agreement as a contract between two spouses that accounts for how to split marital property and marital debts, to establish any spousal and child support, and to provide for visitation and custody. If the judge reads the agreement that you come up with and it seems to be unreasonably advantageous to one spouse, also known as unconscionable, then the judge may not sign the agreement. It needs to be executed by both parties and to fairly address all issues. This agreement should not omit any assets or debts because then you will not be fully and legally divorced. The agreement may refer to assets or liabilities that were incurred prior to the marriage and that these will not be addressed in the settlement.

The Best Interest of the Minor Children  

It doesn’t matter how you spin the end of a marriage. There will be some painful issues to resolve and the need for healing in the years to come. A divorce will have some positive and negative effects on any minor children. An uncontested divorce in Chicago could make the adjustment period easier for all. You may, for example, agree to joint custody and to equally divide each week so your children have equal access to both parents. You may agree on all educational and medical decisions and properly share their expenses, which will fluctuate over time. However, they will have to go through a period of adjustment as a divorce leads to the creation of separate households and to periods of time when your children do not see one of the parents. The Marital Settlement Agreement may give more time or decision-making power to one parent over the other, but this may be what’s best for the children. These are all issues to ponder before drafting the final document and filing it with the court. 

Contact a Divorce Mediator in Chicago Today

At Split Simple, we know you’re aware of the nightmares some friends and relatives have experienced when ending a marriage. We are here to help you draft the divorce paperwork and to understand all steps leading to a reasonable resolution of your marital issues. Contact Split Simple today for a free consultation for divorce mediation!