Interested in an uncontested divorce in Illinois? If yes, you are like many people getting divorced. If you are ready to get started, and contact me, uncontested divorce lawyer David Wolkowitz. For a bit more information, here are some super brief points you should consider:
What is an uncontested divorce?
The spouses must agree on everything. Assets, debts, kids visitation, child support, spousal maintenance (alimony), and so forth. If you are not in agreement on all those things, perhaps your divorce will not be very combative, but it cannot be completed as quickly as a totally uncontested divorce can be done. For more information about one of the more complicated aspects of an uncontested divorce, see my article, “Uncontested divorce and marital settlement agreements: the Home.” It is important to understand when an uncontested divorce probably will not work – for more about that, see my article, “Uncontested divorce: When won’t it work?”
How long does an uncontested divorce take?
The principal determinant is how long the parties take to review the settlements draft by the lawyer. If that review is speedy, spouses can be divorced in less than a month.
Can we use the same lawyer?
Any lawyer who represents both parties in a divorce should retire immediately. However, many people get divorced while only one of them has a lawyer. For example, I might complete the settlement agreements according to terms agreed to by my client and the spouse. Then, the spouse can review those agreements, approve them, then the divorce can be finalized on those terms. See my article, “Uncontested divorce: Can we use the same lawyer?” for more insight into this issue.
What if my uncontested divorce becomes contested?
If an uncontested matter becomes uncontested, then you can either give up, or fight. If I am representing a client in an uncontested divorce, and it becomes contested, that client can choose to have me represent him in the contested matter.
How man times will I have to go to court for an uncontested divorce?
In literally 99.9 percent of my uncontested divorce cases, there is only one court date. In very rare occasions, if the facts are very unique and the judge insists, there might be more than one court appearance. And most of the time, the only spouse require to appear is the one that files the case. But again, that is ultimately up to the judge.
How can I get started?
I make the process very simple. It is as follows:
- You agree to have me represent you
- I send you spreadsheets to fill out
- We talk briefly
- I draft your agreements
- I send you agreements to approve, if necessary, I make changes
- Your spouse reviews, then approves
- I file everything in court, then the divorce is finalized about 2 weeks later when we appear at a “prove-up”
For an uncontested divorce contact me, Chicago family law attorney David Wolkowitz. I also wrong a longer article on uncontested divorce titled, “Uncontested divorce in Illinois: FAQ.”