Uncontested Divorce

An uncontested divorce in Illinois occurs when both parties agree on all terms of the divorce, including property division, spousal support, child custody, and child support. Uncontested divorces are generally faster, less expensive, and less stressful than contested divorces. To qualify, at least one spouse must have been a resident of Illinois for 90 days, and both parties must agree on all issues and that irreconcilable differences have caused the breakdown of the marriage.

Understanding Uncontested Divorce Requirements in Illinois

To be eligible for an uncontested divorce in Illinois, the following requirements must be met:

1. Residency: At least one spouse must have been a resident of Illinois for a minimum of 90 days prior to filing for divorce.

2. Agreement: Both parties must agree on all issues related to the divorce, including division of marital property and debts, spousal support (maintenance), allocation of parental responsibilities (child custody), parenting time (visitation), and child support. This agreement is typically outlined in a Marital Settlement Agreement.

3. Grounds: As Illinois is a no-fault divorce state, the only grounds for divorce is that the marriage has suffered an irretrievable breakdown due to irreconcilable differences. In an uncontested divorce, both parties must acknowledge that irreconcilable differences have caused the breakdown of the marriage.

To prove that the requirements for an uncontested divorce have been met, the parties must submit the following documents to the court:

1. Petition for Dissolution of Marriage: This document outlines the grounds for divorce and the terms of the agreement between the parties.

2. Marital Settlement Agreement: This document details the agreed-upon terms of the divorce, including property division, spousal support, and any other relevant issues.

3. Parenting Plan (if applicable): If the parties have minor children, they must submit a Parenting Plan that outlines the allocation of parental responsibilities and parenting time.

4. Entry of Appearance, Waiver, and Consent: The non-filing spouse must sign this document to acknowledge receipt of the divorce petition and agree to the terms of the divorce.

Legal Process for an Attorney Representing a Client in an Uncontested Divorce

An attorney representing a client in an uncontested divorce in Illinois would typically follow these steps:

1. Initial consultation:

• Meet with the client to discuss their situation and goals for the divorce.

• Gather information about the couple's assets, debts, income, and any children involved.

• Assess the client's eligibility for an uncontested divorce.

2. Drafting and reviewing documents:

• Assist the client in drafting a Petition for Dissolution of Marriage, Marital Settlement Agreement, and Parenting Plan (if applicable).

• Review the documents to ensure they are fair, comprehensive, and comply with Illinois law.

• Discuss any necessary revisions with the client and their spouse (or their attorney).

3. Filing and serving documents:

• File the Petition for Dissolution of Marriage and accompanying documents with the appropriate Circuit Court Clerk.

• Ensure that the non-filing spouse signs the Entry of Appearance, Waiver, and Consent, and file it with the court.

4. Attending the final hearing:

• Prepare the client for the final hearing, which typically occurs at least 30 days after filing the petition.

• Attend the hearing with the client and present the case to the judge, explaining that all requirements for an uncontested divorce have been met.

• If the judge finds the agreement to be fair and reasonable, they will grant the divorce and enter a Judgment of Dissolution of Marriage.

5. Post-divorce matters:

• Assist the client with any post-divorce issues that may arise, such as enforcing the terms of the Marital Settlement Agreement or modifying child support or parenting time if circumstances change.

The lawyer's main role is to offer direction, advice, and representation to help their client navigate the uncontested divorce process as smoothly as possible. At the same time, the attorney must ensure that the client's rights and interests are protected throughout the proceedings.