Uncontested Divorce

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Hoffman Estates Uncontested Divorce Lawyer

Experienced Uncontested Divorce Attorney Serving Cook County, IL

When spouses can agree on all the major issues in a divorce, the process is usually less stressful, less time-consuming, and less expensive. The family law attorneys at the Law Firm of Caryl Jacobs Gabe, Ltd. have helped numerous clients in Hoffman Estates and the surrounding areas resolve their divorces through uncontested divorce. We can work with you to reach an agreement on all the major issues in your divorce and help you file the necessary paperwork to finalize the process.

For more information about filing for uncontested divorce in northern Illinois, call us at (847) 278-2851 or contact us online to schedule a consultation with an experienced Hoffman Estates uncontested divorce lawyer.

What Is Uncontested Divorce?

Uncontested divorce is a catch-all term that refers to any divorce where the spouses are able to agree on all the major issues in their case. That includes property division, spousal maintenance (alimony), child custody, and child support. When spouses do not agree on one or more of these issues, the divorce is considered contested and will require litigation.

Is Uncontested Divorce Right for Me?

Uncontested divorce can be a great option for many couples, but it is not right for everyone. If you are considering filing for uncontested divorce, you should first review your situation with an experienced Hoffman Estates uncontested divorce attorney. They can help you determine whether uncontested divorce is right for you or whether you should consider another option.

Uncontested divorce is generally a good option if you and your spouse:

  • Are on good terms and able to communicate effectively
  • Are willing to compromise and work together to reach an agreement
  • Have minimal assets and debts to divide
  • Do not have children or do not have any disputes over child custody or support

Uncontested divorce is also often faster and less expensive than contested divorce. Since you and your spouse do not have to go to court, you can save a significant amount on attorney’s fees. And since you do not have to go through a lengthy trial, you can finalize your divorce much more quickly.

How to File for Uncontested Divorce in Illinois

If you and your spouse are in agreement on all the major issues in your case, you can file for uncontested divorce in Illinois. The process is relatively straightforward, but it is still a good idea to work with an experienced divorce lawyer to ensure the process goes smoothly.

Follow these steps to file for uncontested divorce in Illinois:

  1. Learn the residency requirements for divorce in Illinois. To file for divorce in Illinois, one of the spouses must be a resident of the state for at least 90 days. If you live in Cook County, you must also live in the county for at least 90 days. If you do not meet the residency requirements, you will need to wait to file for divorce.
  2. Prepare the required paperwork. To start the divorce process, you must file a Petition for Dissolution of Marriage with the appropriate county court. The petition is a legal document that outlines the grounds for divorce, the major issues in the case, and how you would like them to be resolved. You will also need to fill out a Summons form, which is a legal document that notifies your spouse that you are filing for divorce. If you have children, you will also need to fill out a Parenting Plan, which outlines how you and your spouse will make decisions about your children’s lives and how you will divide parenting time.
  3. File the paperwork with the appropriate county court. Once you have filled out the appropriate paperwork, you need to file it with the court. You will need to pay a filing fee when you submit the paperwork, unless you qualify for a fee waiver. After you have filed the paperwork, you will be given a case number, a judge, and a court date.
  4. Give your spouse notice of the divorce. After you have filed the paperwork, you must give your spouse notice of the divorce. If your spouse agrees to the divorce, you can simply give them a copy of the petition. They will need to fill out an Appearance form, which is a legal document that states that they agree to the divorce. If your spouse does not agree to the divorce, you will need to have them served with the papers by a sheriff or a private process server.
  5. Attend the initial court hearing. After your spouse has been given notice, you will need to attend an initial court hearing. At the hearing, the judge will review the paperwork to ensure it is in order and ask you some basic questions about the case. If your paperwork is in order, the judge will set a date for the final hearing.
  6. Finalize the divorce. After the initial hearing, you will need to wait at least 30 days to finalize your divorce. During that time, you and your spouse will need to work out any remaining issues and fill out any additional paperwork. If you have children, you will need to fill out a Child Support Order, which is a legal document that sets the amount of child support. You will also need to fill out a Marital Settlement Agreement, which is a legal document that outlines how you and your spouse will divide your property and debts. If you and your spouse are unable to reach an agreement on any of the major issues, you may need to go to trial. But if you are able to reach an agreement, you can attend the final hearing and finalize the divorce. The judge will review the paperwork to ensure it is in order and ask you some basic questions about the case. If everything is in order, the judge will sign the final divorce decree.

How Long Does an Uncontested Divorce Take?

Under Illinois law, you must wait at least six months from the date the Petition for Dissolution of Marriage was served on your spouse to finalize your divorce. But if you and your spouse are in agreement on all the major issues in your case, you can usually finalize your divorce much more quickly.

After you have attended the initial court hearing, you will need to wait at least 30 days to finalize your divorce. During that time, you and your spouse will need to work out any remaining issues and fill out any additional paperwork. If you are able to reach an agreement, you can attend the final hearing and finalize the divorce. The judge will review the paperwork to ensure it is in order and ask you some basic questions about the case. If everything is in order, the judge will sign the final divorce decree.

So, if you and your spouse are able to work together effectively and reach an agreement quickly, you can usually finalize your divorce in just a few months.

How Can a Lawyer Help Me with Uncontested Divorce?

If you and your spouse are in agreement on all the major issues in your case, you can file for uncontested divorce in Illinois. The process is relatively straightforward, but it is still a good idea to work with an experienced divorce lawyer to ensure the process goes smoothly.

A divorce lawyer can help you with uncontested divorce by:

  • Explaining the process to you and helping you understand your rights and obligations under Illinois law
  • Helping you gather all the necessary information and fill out all the required paperwork
  • Helping you reach an agreement on all the major issues in your case and put the agreement in writing
  • Helping you prepare for the initial court hearing and the final hearing

At the Law Firm of Caryl Jacobs Gabe, Ltd., we understand that divorce can be a difficult and stressful process. We are here to help you every step of the way. We will work with you to reach an agreement on all the major issues in your case and help you file the necessary paperwork to finalize the process. We will also be there to answer any questions you may have and address any concerns that may arise.

Our Experienced Hoffman Estates Uncontested Divorce Lawyer Can Help

At the Law Firm of Caryl Jacobs Gabe, Ltd., we understand that divorce can be a difficult and stressful process. We are here to help you every step of the way. We will work with you to reach an agreement on all the major issues in your case and help you file the necessary paperwork to finalize the process. We will also be there to answer any questions you may have and address any concerns that may arise.

For more information about filing for uncontested divorce in northern Illinois, call us at (847) 278-2851 or contact us online to schedule a consultation with an experienced Hoffman Estates uncontested divorce lawyer.

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