Uncontested Divorce: When won’t it work?

Sometimes, an uncontested divorce won’t work.  To find out when that might be, see below.

Plans for an uncontested divorce can blow up.

  • Children: In a divorce, child custody issues can be complicated. Even where parents are aiming for an amicable divorce, they sometimes realize they do not agree on how to handle the children. Matters with children are one of those areas were a small problem can create a much longer one.
  • House that is underwater: In today’s market, many homeowners own homes on which their mortgage balance is greater than the value of the home. This situation can several strain a marriage, and a divorce – because people cannot agree on how to divide the debt. If spouses can’t agree on how to get out of a home, they probably won’t be able to agree to how to get out of a marriage.
  • Mental illness in the marriage: If one spouse suffers from a mental illness, particularly one that is untreated, coming to a sensible marital settlement agreement can be difficult.
  • One spouse is uninformed: In an uncontested divorce, the idea is that people are working together. However,if one spouse is uninformed as to his or her rights before coming to an agreement, then becomes aware of his or her rights before the divorce actually occurs, the entire process could be derailed.
  • Nasty divorce lawyers: It’s sad to say, but some lawyers operate in a totally unethical manner. They try to stoke in order to run up the bill. Spouses who have truly talked about most issue in the divorce, and who are interested in an uncontested divorce in Illinois, could benefit from choosing their lawyers wisely.


Below is some other information about uncontested divorce:

What is an Uncontested Divorce in Illinois?

Phases of an Uncontested Divorce in Illinois

Uncontested divorce: a lawyer’s role

 Uncontested Divorce & Marital Settlement Agreements: The Home

Uncontested divorce: “Can we use the same lawyer?”

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”).