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What is an Uncontested Divorce in Illinois?

Simply put, an uncontested divorce in Illinois is a divorce where the spouses agree to every aspect of their divorce, or dissolution of marriage. But, marriage can be complicated. As a Chicago divorce lawyer and Illinois family law attorney, I suggest you peace sign for uncontested divorce in Illinoisbecome familiar with exactly what you will have to agree to in your divorce case.

For an uncontested divorce in Illinois, spouses will have to reach agreement in the following areas:

  1. Child custody: Will parents share “joint legal custody,” so that they are both legal guardians?
  2. Children’s residence: Where will be the children’s official residence?
  3. Child support: How much child support will be paid? And to who?
  4. Dividing assets: How will the marriage’s assets be divided? Who gets what? Should some of it be sold, and the proceeds distributed? Who gets the house?
  5. Dividing debt: Marriages can be dissolved easier than debt. Who’s going to pay the bills?
  6. Alimony: In Illinois, the legal term for alimony is “spousal maintenance.” How much alimony should be paid, if any, and for how long?
Even if your marriage has taken on a certain amount of acrimony, you and your spouse might be able to come to agreement for the benefit of everyone involved. In the end, an uncontested divorce is about pragmatics: putting the past behind you and moving ahead as quickly as possible.
If you think an uncontested divorce might be a possibility, I can help you develop an approach to use in bringing up the topic with your spouse. See the post I wrote titled Phases of an Uncontested Divorce in Illinois for a bit more information on the most affordable way to get divorced in Illinois.  I also wrote a reasonable comprehensive articled titled, “FAQ: Fast and Affordable Uncontested Divorce in Illinois.” Or, you can contact me for a free consultation.

About the author: Contact Illinois family law attorney David Wolkowitz at 312-554-5433 or online. He is a family law and divorce attorney serving Chicago and the Counties of Cook, Champaign, DuPage, Kane, Kendall, Lake, McHenry, and Will. Areas of practice include divorce, uncontested divorce, child custody, visitation, spousal maintenance, child support, and the Uniform Child Custody Jurisdiction & Enforcement Act (the “UCCJEA”).