How to File an Uncontested Divorce

Despite how divorce is often portrayed in the movies and on television, married couples often agree upon the dissolution of their relationship. When this happens, for couples with or without children, it is possible to file an uncontested divorce.

An uncontested divorce, as the name implies, is one where both parties to the divorce agree on all the terms of the divorce. These terms differ based on the couple but must include all financial issues, property division, child support, alimony, and co-parenting plans.

Filing an uncontested divorce in Naperville allows the couple to reduce the costs of a contested divorce. However, as with any legal issue, it is important for each party to the divorce to consult with divorce lawyers.

What to Consider
An uncontested divorce settlement should be reviewed by separate divorce lawyers. This ensures the best interests of each party, as well as any children of the relationship, are considered in accepting or rejecting the divorce settlement.

All issues of property division, including assets and liabilities, and all issues of child support, custody and visitation, as well as any possible spousal support, needs to be agreed upon in full for an uncontested divorce.

Couples can work through divorce lawyers, or they agree to work with a mediator if there are any issues that are unresolved. In either case, the divorce agreement must meet all Illinois legal guidelines. Still, it can be fully customized to meet the needs of the couple.

The Process
Once the couple has agreed upon the terms, each should present the terms to their respective divorce attorneys. The attorneys ensure the settlement meets the legal guidelines and advises the client on any issues to ensure a fair settlement.

Once both parties have reviewed the document and it is signed, the agreement is filed with the court. In most cases, the judge will approve the terms of the agreement without the need to go to court.

If the Respondent Fails to Reply
It is not uncommon in Naperville for one party to file for divorce (the petitioner), and the other spouse (the respondent) fails to agree to the divorce. In these situations, additional documents must be filed to prove to the court an attempt was made to create an agreement and to notify the other party. Documents will need to support all issues of the divorce, including spousal and child support and division of assets and liabilities.

In most cases, if the documents meet legal guidelines and are fair to the party failing to respond, the judge will approve of the divorce in what is known as a true default divorce. Contact Keller Legal Services to schedule a no-obligation consultation.

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