When you get divorced, there is a strong chance that the whole experience is going to be quite unpleasant. After all, nobody ever expects their marriage to end in a divorce. Your experience is going to be considerably different, depending on whether your divorce is contested or uncontested. Either way, you are still getting divorced, and that can be a hard situation to endure. A Bloomington, IL, divorce lawyer can help you plan for an uncontested divorce.
What Is an Uncontested Divorce?
When you get divorced, there are two ways the process can go. You can either get a contested divorce or an uncontested divorce. Generally, an uncontested divorce is much easier to deal with than a contested divorce. In an uncontested divorce, both spouses have come to a mutual realization that their marriage has run its course. There is no hope for reconciliation. Regardless of what caused the breakdown of the marriage, both spouses realize it’s over.
From there, the spouses will likely work together to make sure they both come out of the divorce without losing much. They might even sit down and have a reasonable discussion about dividing assets, working out child custody and parenting plans, and figuring out whether spousal support is necessary. Both spouses can then bring their mutually beneficial agreement to the court, and a judge will consider their agreement before finalizing their divorce.
What Is a Contested Divorce?
The alternative to an uncontested divorce is generally the worst-case scenario for your divorce. You can always tell whether your divorce is going to be contentious before you file, as contention usually doesn’t just come out of nowhere. A contested divorce is the result of months or even years of resentment, disappointment, regret, and anger. One spouse wants the other to suffer out of spite, and they’ll do anything to drag the divorce out and make it unpleasant.
When you decide to get divorced, the last thing you want is a contested divorce. It can be an emotionally draining and considerably painful experience. It’s much more costly than an uncontested divorce, and it takes a lot more time to finalize. There won’t be any compromise without a fight. Ultimately, you may still end up losing more than you expected.
Getting an Uncontested Divorce in Illinois
The process of getting an uncontested divorce in Illinois is often far easier than getting a contested one. It can be beneficial to work with your partner and figure everything out together. Still, it is recommended that you hire an experienced divorce lawyer to help you navigate the process. There may be times when you aren’t sure how to proceed or which paperwork to file. Having an experienced lawyer by your side can prove critical in those moments.
When you hire an experienced divorce lawyer, they can make sure you don’t make any big mistakes, such as filing the wrong paperwork or leaving out crucial information. Your lawyer can make sure you don’t rush things through and that you are well-informed before making big decisions. Here are some of the steps in filing for an uncontested divorce in Illinois:
- Filing the Paperwork: Like a contested divorce, the first step in an uncontested divorce is filing the right paperwork in the right county. When your spouse is served with the papers, they will have an opportunity to respond. Since the divorce is uncontested, your spouse will likely already know you are planning to file.
- Negotiate Terms: Once the paperwork has been filed, you and your spouse are encouraged to negotiate terms among yourselves. Here, you will work out custody arrangements, asset division, and spousal support, among other matters.
- Attend a Hearing: Once you’ve worked out terms, you will attend a hearing, where a judge will confirm that you have met all the legal requirements for your divorce. If so, it will be granted.
FAQs
Q: Do I Need a Lawyer for an Uncontested Divorce?
A: It is entirely up to you whether you want to hire a lawyer for your uncontested divorce. An uncontested divorce is generally much easier to deal with than a contested one, and you may not need to hire a lawyer to work through it. If you don’t know what you’re doing and you want legal support, you should hire a lawyer anyway.
Q: How Much Will My Uncontested Divorce Cost?
A: How much your uncontested divorce will cost you depends on its specific circumstances. Every divorce case is going to be considerably different, as every divorce occurs because of different reasons and factors. Each case is a unique experience. While an uncontested divorce is generally much cheaper than a contested one, you will still have to deal with filing costs and potential legal fees.
Q: Are There Positive Aspects to an Uncontested Divorce?
A: Yes, there are multiple positive aspects to an uncontested divorce. Above all, uncontested divorces are much cheaper than contested divorces, and they take much less time to finalize. Depending on the willingness of both parties to compromise and discuss terms, the overall experience may not even be that unpleasant. It might be a good way to seek closure.
Q: Are There Negative Aspects to an Uncontested Divorce?
A: Yes, there can be negative aspects to an uncontested divorce. While the experience is generally better and easier to deal with than a contested divorce, there may be elements of an uncontested divorce that are considered negative. One of them is the overall feeling that you’re being rushed. If you don’t take the time to think about every aspect of this process, you may start to feel like you’re rushing things. You might make mistakes that could hurt you later.
Reach Out to a Divorce Lawyer
If you are fortunate enough to move forward with an uncontested divorce, you may still want to retain experienced legal help. A good lawyer can guide you through the process and keep you from being taken advantage of. The legal team at Stange Law Firm can provide you with everything you need to succeed in your divorce case. Contact us to schedule a consultation with a valued team member today.
