Can File an Uncontested Divorce in Illinois?

If you are facing the prospect of filing a divorce, you will want to know if you can file an uncontested divorce in Illinois. An uncontested divorce is one in which there is no arguing or negotiating involved, and both parties have already come to terms with the fact that they are getting divorced and have agreed upon the distribution of assets, the terms of the divorce such as custody issues and other problems, and with the fact that they will have to file together and go through the court process required to dissolve their marriage. How do you know if you can file an uncontested divorce in Illinois? There are certain steps to follow if you want to do so.

When You Can File an Uncontested Divorce in Illinois

One important requirement that you will have to fulfill in order to file for an uncontested divorce in Illinois is that there literally can be no disagreement over any portion of the divorce process. If either spouse makes even one condition that the other doesn't agree to, such as “make sure to give me back my favorite item,” the divorce is considered to be contested. Many divorces could be filed as uncontested except for these issues. If you can draft a marital settlement agreement and have both parties sign it beforehand, this will greatly speed your divorce process.

Another fact that will determine whether you can file an uncontested divorce in Illinois is whether or not you have a general agreement over custody issues. You may not have come up with a specific day by day plan for the custody of your children, but if you have a general idea and agree broadly about who will have the children, when they will have them, and how holidays will be divided up, you generally can file an uncontested divorce in Illinois.

Getting Legal Help

If you are planning to file a divorce in Illinois, you will also want to make sure that you contact a lawyer. A lawyer can help you draft the marital settlement agreement that will be taken to court and filed with the papers for your uncontested divorce. An uncontested divorce without a marital settlement agreement may be considered by the court to be a contested divorce, and you cannot file as uncontested unless you have worked out some official agreement in writing. If your divorce is filed as uncontested, it can be completed and passed through the court in as little as 90 days.

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