location 1580 N. Northwest Highway, Suite 12, Park Ridge, IL 60068
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George Skuros
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phone 312-884-1222

Chicago Uncontested Divorce Lawyer

North Shore Chicago uncontested divorce attorney

Chicago Family Law Attorney for Amicable Divorce Resolutions in the North Shore and Northwest Suburbs

Under any circumstances, the divorce process can be emotionally, mentally, and financially challenging. However, not every divorce is equally difficult, and in fact, the vast majority are resolved without going to trial. You may be able to save yourself time, money, energy, and stress if you choose to pursue the option of an uncontested divorce. This method does not work for all divorcing couples, but it can be a great choice if you and your spouse are willing to communicate and cooperate.

At The Law Offices of George J. Skuros, we strive to educate our clients regarding what they can expect in the divorce process and help them determine the approach that gives them the best chance of achieving their desired outcome. We will advise you as to whether an uncontested divorce is a reasonable option in your case and work to ensure that your divorce resolution protects your best interests.

Differences Between Contested and Uncontested Divorce in Chicago

Illinois is a no-fault divorce state, meaning that the only legally recognized grounds for divorce are irreconcilable differences, and neither spouse can be held personally responsible for the failure of the marriage. However, a divorce can still be contested if one of the parties argues that there are no grounds for divorce, or if the parties cannot agree on terms regarding all of the important elements of the divorce resolution. In these cases, the divorce may need to be resolved through a trial in court.

On the other hand, an uncontested divorce is possible when both parties mutually agree to a divorce and they are willing and able to negotiate an agreement together. An uncontested divorce offers many potential benefits, including:

  • Greater control over financial decisions: The equitable division of marital property is still a necessary part of an uncontested divorce, but this option leaves the decision in the hands of you and your spouse. You can negotiate for possession of the assets that are most important to you, including your home, business, or retirement savings, rather than being left to take what the court awards you. You can also reach an agreement regarding spousal maintenance if it is important to your ability to support yourself.
  • More collaborative co-parenting: Decisions regarding parenting time and the allocation of parental responsibilities can be highly contested if your divorce goes to trial, and this can make it hard for you and your ex to effectively co-parent your children in the future. However, in an uncontested divorce, you and your spouse can work together to create a parenting plan that focuses on your children's best interests and is manageable for both of you.
  • Less time and money spent: An uncontested divorce process is not guaranteed to be shorter and less expensive than a trial, but in many cases it is. A divorce trial can last many days and require you to pay extensive attorney and court fees, but if you and your spouse are already in agreement on some aspects of your divorce, the uncontested divorce process can be much smoother.

Uncontested Divorce Options in Cook County

An attorney is important even in an uncontested divorce, as we can offer valuable legal knowledge and experience, work with you to draft a proposed settlement agreement, and help you stand up for your interests throughout negotiations with your spouse. Once you and your spouse reach an agreement, we will help you follow the correct procedure for filing it with your county court, where it may be approved pending a hearing to ensure the agreement does not leave either spouse at an unfair disadvantage or detract from the children's best interests.

Depending on your circumstances, you may be eligible for a joint simplified dissolution, which can make the divorce process even more efficient. You may be qualified if you have been married for less than eight years, you and your spouse have no children together, you have a gross annual income of less than $30,000 individually and $60,000 when combined with your spouse, and your marital property values less than $50,000 and includes no real estate or retirement accounts with a combined value of over $10,000. In a joint simplified dissolution, you and your spouse must reach an agreement on the division of property and waive the right to spousal maintenance.

Uncontested Divorce FAQs


What Is Uncontested Divorce?

Answer: In an uncontested divorce, you and your spouse will be able to agree on all the terms of your divorce decree, and you will not need to go through litigation. These types of cases are far more common these days than contested divorce, as they can save significant time, money, and stress.


How Can I Acheive an Uncontested Divorce?

Answer: You and your spouse will need to reach an agreement that covers every issue in your divorce. You must both agree on how you will divide your property and whether one spouse will pay spousal maintenance/alimony. If you have children in common with your spouse, you will also need to develop a mutually satisfactory parenting plan that covers who is responsible for what and details the days and times when each parent will spend parenting time with the child.


Is Uncontested Divorce Just for Amicable Divorce Situations?

Answer: If you and your spouse are still on good terms, this can certainly make filing an uncontested divorce easier. However, even couples who cannot be in the same room without fighting can - and often do - file an uncontested divorce. Spouses who are not getting along can choose an alternative dispute resolution strategy that will help them avoid litigation.


What Is Divorce Mediation?

Answer: Divorce mediation involves using a neutral third-party mediator to help you and your spouse reach a compromise. You do not need to see or be near your spouse for mediation to work. Often, each spouse sits in a separate room with their own attorney, and the mediator moves back and forth, going issue by issue until everything is settled.


What Is Attorney-Facilitated Negotiation?

Answer: This is another strategy that can help spouses who struggle to communicate and cooperate with each other come to a divorce resolution without litigation. Using this method, your attorney will negotiate with your spouse’s attorney. Your lawyer will speak with you about what your needs and wants are so that they can advocate for you during negotiations. Before any deal is made, your lawyer will make sure that the terms work for you.


Who May Not Be Able to Use Uncontested Divorce?

Answer: If your spouse has a serious mental health condition or substance abuse problem, it may not be possible to get them to participate in alternative dispute resolution. If your spouse has abused you or your children, it may be better to go to divorce litigation so that we can better protect you and your children. In other cases, one spouse may simply refuse to cooperate with the divorce at all. It could be that they are in denial about the divorce or that they are being completely unreasonable and will not compromise. In these situations, uncontested divorce may not be possible, and you may need to go to court.


What Are the Benefits of Uncontested Divorce?

Answer: Perhaps the biggest benefit of uncontested divorce is that you do not need to go through costly and lengthy litigtaion. If there are children involved, this can save them a lot of emotional distress as well. Rather than relying on a sometimes-unpredictable court to resolve your property division and child custody concerns, you and your spouse will have more control over the outcome process as you work to reach agreements.

Contact a Des Plaines Divorce Attorney

If you and your spouse are interested in an uncontested divorce, contact us today at 312-884-1222 for a free consultation so we can start advising you on your best course of action. We serve clients throughout Cook County and the surrounding areas, including Chicago, Des Plaines, Mount Prospect, Arlington Heights, Park Ridge, Inverness, and Schaumburg.

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