Should We Consider an Uncontested Divorce?

 Posted on May 26, 2022 in Divorce

For some couples who are ending their marriage on mutual terms, the divorce process can proceed in a more collaborative manner. You both may agree that it is time to end your marriage, and largely agree on how to divide your assets and responsibilities. This is certainly not the case in many divorces, but for those couples who do, an uncontested divorce may be an option.

Benefits of an Uncontested Divorce

Even in an uncontested divorce, a couple must come to a resolution on many key issues, including dividing their marital property and whether one spouse will provide spousal support or alimony to the other. Marital property commonly divided in a divorce can include large assets including retirement savings and the marital home. If the couple has children, they additionally must address the allocation of parental responsibilities, how parenting time will be divided, and how child support payments will be made and at what amount. These do not all have to be decided before you start the process, but it helps when there are no major points of contention.

Here are some benefits to an uncontested divorce:

• The process is relatively straightforward and can avoid a drawn out legal process. 
• If the couple can still collectively work towards a common goal through a divorce, they are more willing to cooperate on any issues that may develop after the divorce as well.
• With a less time-consuming process, it can also save the couple financially by involving fewer hours spent by their lawyers and any financial professionals that need to be consulted.

However, an uncontested divorce may not always be the answer due to a variety of factors. Here are some situations when it is unlikely to be a good option:

• When there is an unbalanced power dynamic in the relationship. This could include relationships where there has been a history of emotional or physical abuse.
• When one or both spouses struggle to keep strong emotions out of the decision-making process.
• For divorces when the spouses will need to divide substantial amounts of assets, the ownership of a business or business interests will need to be divided, or for divorces with other more complicated issues.

Trust a Will County Uncontested Divorce Attorney

Regardless of whether your divorce is uncontested or high conflict, you should have an experienced divorce attorney by your side. The Joliet divorce lawyers of Reeder & Brown, P.C. can ensure that your rights are protected throughout the divorce process. Contact our office by calling 815-885-5980 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000