Uncontested Divorce Process
An uncontested divorce is the divorce where two spouses recognize the benefits of seeking an agreement on the issues. Also known as a collaborative divorce in the State of Illinois, both parties agree on all the major issues involved in a divorce. Thus, the parties resolve their differences by either seeking an independent mediator or meeting with one another to seek an agreement when possible. Typical major issues of uncontested divorce cases in Illinois include:
- Property division and division of assets such as the marital home, retirement and pension allocations, child support, and other property division issues
- Child Support
- Division of Liabilities and Debts
- Retirement Income and Pension Allocation
- Real Estate Interests
- Spousal Support or otherwise known as “Alimony” or “Spousal Maintenance”
- Allocation of Parental Rights and Responsibilities including a parenting plan
Sean Robertson and the attorneys of Gateville Law Firm work cooperatively with clients and their spouses to recommend amicable agreements or in the alternative, refer the spouses to a divorce mediator, in order to resolve their differences. Often, an uncontested divorce is a cost-effective and practical approach to a dissolution of a marriage.
Petition for Dissolution of Marriage
The first step in a divorce case in the State of Illinois is filing of a Petition for Dissolution of Marriage. A Petition for Dissolution of Marriage is the initial divorce paperwork which is filed with the appropriate courthouse. In summary, a Petition for Dissolution of Marriage is a brief description of the marital issues and property involved in a divorce case, and how the judge should handle these issues. Consequently, in an uncontested divorce case, a Petition for Dissolution of Marriage may be somewhat generic to avoid or minimize the possibility of a dispute among the parties.
Marital Settlement Agreement
A Marital Settlement Agreement is a written outline of the issues involving a divorce case and the agreement between the parties. The Marital Settlement Agreement is essentially the financial terms of the settlement. Typically, in an uncontested divorce, the issues of child support and spousal support are minimal. An uncontested divorce is much more difficult when the parties have substantial issues or parenting concerns to negotiate.
Parenting Plan or Custody Agreement
A Parenting Plan or Custody Agreement is a written agreement describing the key parenting issues and how the parties will make parenting decisions. Furthermore, the parenting plan or otherwise known as a Joint Parenting Agreement, is a description of the specific parenting time including parental rights and responsibilities of each parent. A well-written parenting plan is essential to minimize parental conflicts and setup a well-defined process for joint parenting.
Judgment for Dissolution of Marriage
A Judgment for Dissolution of Marriage is a summary of what the divorce court and judge find on major issues involving the marriage. Essentially, a Judgment for Dissolution of Marriage are the findings of the divorce court.
Prove up is the final process in a divorce case where the plaintiff or the parties go to court and explain why the court should approve the marital settlement agreement and parenting plan. A divorce judge must find that the divorce agreements are acceptable and fair to the parties. A divorce judge will not enter an unfair divorce agreement, which is against public policy. One of the benefits of a quality divorce attorney is the ability to craft and advocate a marital settlement agreement, which will pass the judicial scrutiny of a judge.