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Uncontested Divorce FAQs

Filing an uncontested divorce can spare you and your spouse from the expense, stress, and time commitment associated with divorce litigation. Uncontested divorces are becoming more and more common and may work well even if your divorce is not amicable.

Q: What Is Uncontested Divorce?
A: 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.

Q: How Can I Acheive an Uncontested Divorce?
A: 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.

Q: Is Uncontested Divorce Just for Amicable Divorce Situations?
A: 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.

Q: What Is Divorce Mediation?
A: Divorce meditaion 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.

Q: What Is Attorney-Facilitated Negotiation?
A: 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.

Q: Who May Not Be Able to Use Uncontested Divorce?
A: 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.

Q: What Are the Benefits of Uncontested Divorce?
A: 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.

Call a Cook County Divorce Attorney

The Law Office of George J. Skuros is skilled at helping spouses resolve their divorces without resorting to litigation. Our experienced Chicago divorce lawyers will work with you to determine which strategy may best serve your interests. Contact us at 312-884-1222 for a free consultation.
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