Uncontested Divorce
Uncontested Divorce Attorneys Serving Kane, Kendall & DeKalb Counties
Divorce is one of the most difficult situations that most individuals encounter throughout their adult lives. Even when the process is mutual or is the healthiest and best option for all parties involved, the idea of dissolving a marriage is a stressful one that significantly impacts both spouses involved. With that in mind, it is a good idea to have an experienced attorney on hand to help you get through this stressful time. The right attorney will help ensure that your rights are upheld even when you are too overwhelmed to do so yourself. The attorneys at Van Der Snick Law Firm, LTD for example, have years of experience in helping our clients complete the divorce process as easily as possible.
Types of Divorce in Illinois
If you are considering a divorce, you might be wondering exactly how the dissolution of marriage works in Illinois. One of the most popular methods of divorce tends to be the uncontested divorce. In an uncontested divorce, both parties involved agree to everything involved in the dissolution of marriage. In general, this includes things like the following:
- Property and debt division.
- Alimony or spousal support.
- Additional disputes, including things like child support or child custody.
As you might imagine, the couple must be on good terms in order to successfully carry out an uncontested divorce. They will be working together closely in order to make decisions and file forms on time, and therefore cannot be in constant disagreement or conflict.
Joint Simplified Dissolution
Should the couple qualify, there is another form of uncontested divorce that is a faster process than the above. Known as joint simplified dissolution, this kind of divorce is designed to be as quick as possible in order to move through a divorce swiftly for couples who agree on every single aspect of the dissolution. In general, you might qualify for a joint simplified dissolution if the following are true:
- Your spouse and you are able to fill out all forms together
- Your spouse and you are able to attend court for the final hearing together
- Your spouse and you have been married for a time equal to or less than eight years
- Your spouse and you do not have children, nor is the wife currently pregnant
- Your spouse and you have lived separately for six or more months
- Your spouse and you do not own a house and jointly hold less than $10,000 in marital property
- Your spouse and your make $20,000 or less individually in gross income, and no more than $35,000 when it comes to joint gross income.
- You are both willing to waive alimony
- Your spouse or yourself have been living in Illinois for at least a period of time of 90 days before filing
- Your spouse and you both agree that an irretrievable breakdown caused by irreconcilable differences has essentially taken your marriage to a place where it cannot be saved
Note that all of the above must be true in order to qualify for a joint simplified dissolution. That means that if you have children, own a home, make more than $20,000 individually or $35,000 jointly per year, and have been married for more than eight years, you will not be able to qualify for this kind of uncontested divorce.
It should be noted that uncontested divorce as well as joint simplified dissolution are not appropriate for every situation. As described above, for example, both parties should have a functional relationship that allows them to work together to make important decisions regarding the terms of the divorce. If this is not the case, then they should opt for a contested or mediated divorce process instead.
How to Start The Divorce Process?
To begin the divorce process, keep in mind that you will be responsible for understanding when and where to file your papers unless you involve the help of a lawyer. An experienced attorney can greatly help simplify the situation by taking care of your filing dates as well as ensuring that your rights are being properly represented in court. If you are hesitating to involve a lawyer because of the cost involved, in other words, you should consider enlisting their help. Keep in mind that marriages and divorces are incredibly emotional times, and that is true even when the dissolution in question is uncontested. A lawyer can help make sure that everything is properly filed and that you understand the consequences of everything that is happening. They can also help you avoid issues caused by improperly filed paperwork that might otherwise slow down the divorce process.
Contact An Uncontested Divorce Lawyer
For more information about experienced divorce attorneys and how they can help you get through your divorce as quickly as possible, contact Van Der Snick Law Firm, LTD today! Our knowledgeable team members are more than happy to discuss your case with you and help you set up for a consultation.