What Does “Uncontested Divorce” Mean?
When couples divorce, they may rely on a prenuptial agreement or negotiate a divorce settlement to resolve outstanding issues such as property division, alimony, and child custody. Couples who have resolved all issues before filing for divorce can pursue an “uncontested divorce” proceeding in Illinois.
Understanding Uncontested Divorces
A couple can petition the court for an uncontested divorce when they have agreed on all issues. An uncontested divorce may also occur when one spouse files for divorce and the other does not file an answer to the petition or otherwise appear in the case. The court can find the spouse who fails to respond or appear in default and proceed with the divorce based on the filing spouse’s petition.
Advantages of an Uncontested Divorce
Uncontested divorces have several advantages over traditional “contested” divorces. First, courts can finalize uncontested divorces much faster, as the court does not need to hold hearings/trials to resolve outstanding issues such as property division or child custody. However, courts must review child custody agreements to ensure they serve the child’s best interests and calculate child support awards based on state guidelines. Parents cannot negotiate child support as the law considers child support a right belonging to the child.
Uncontested divorces can also cost less than standard divorces. Spouses can reduce their legal expenses by avoiding protracted litigation or additional costs such as expert appraisers, forensic accountants, or parenting coordinator fees.
Process for an Uncontested Divorce
To file for an uncontested divorce in Illinois, at least one spouse must have resided in the state for at least 90 days before filing the petition. Illinois allows for “no-fault” divorces, which allows couples to seek divorce based on “irreconcilable differences” with no reasonable prospect of reconciliation. Courts may presume irreconcilable differences when couples have lived apart for at least six months.
A couple may finalize an uncontested divorce through a “prove-up hearing.” At the hearing, a couple must present the court with a proposed judgment for dissolution and a certificate of dissolution of marriage. If a couple has minor children, they must also present:
- A certificate of compliance with parenting classes
- A proposed parenting plan
- A declaration under the Uniform Child Custody Jurisdiction Enforcement Act
- A proposed order of child support
- A notice to withhold income for support
At the hearing, the court will place the spouses under oath to ask questions about their petition for dissolution of marriage. If the court finds that the couple has agreed on all issues in their divorce and the appropriateness of any proposed orders, it will sign the judgment for dissolution and the other proposed orders.
Contact a Divorce Lawyer Today
If you and your spouse want to pursue an uncontested divorce, you need experienced legal advice and advocacy to protect your rights and interests. Contact Gravel & Wechter today for a free, confidential consultation with our dedicated legal team to learn more. We look forward to meeting you, discussing your concerns, and guiding you toward a better tomorrow.