Could Uncontested Divorce be the Right Choice for you?

Could Uncontested Divorce be the Right Choice for you?

When divorce seems to be the ultimate end of a marital relationship, it requires to figure out the right approach to execute it. Sometimes the matters get too complicated that the family is unable to come to a common decision regarding child custody, property distribution, alimony, etc. On the other hand, the family undergoing an emotional turmoil may consider it useless to fight over the “material stuff”. So before a couple gets into this situation, let’s understand which approach suits your unique case.

The Right Approach for a Divorce

Divorce may be contested or uncontested. The contested approach of divorce is adopted when complex matters require a thorough process to resolve them. Complicated property issues, child custody and other such necessary decisions demand to go through a formal trial to execute divorce. But if the couple agrees on major terms for these matters, why bother wasting time and money in the courts? An uncontested divorce is the right call, then.

What is an Uncontested Divorce?

In an uncontested divorce the couple settles down the divorce agreement with mutual consent. They negotiate over asset distribution, gaining or giving up child custody, paying alimony and allocating debts and come to a final decision through mutual understanding. Though a legal process is also involved in this form of divorce, but it keeps you from usual hassle and stress that is obvious in a contested divorce.

Who is Eligible for it?

Uncontested divorce is not the right choice for every couple. It is important to determine the situation prior to opt for this type of divorce. It is best suited only for those couples who have minor issues that are possible to be negotiated. In case of joint marital property or other complex assets where the involvement of the judge seems mandatory, uncontested divorce is not suitable.

What is required for an Uncontested Divorce?

An uncontested divorce involves a legal procedure to follow. Depending on the state laws, where the couple is residing, the legal procedure has to be followed. The process starts under the Rule 5, 6, 8 and 36 of the Family Law Rule in the Illinois state. It requires filing a petition for dissolution of marriage. The petition must be accompanied with the supporting documents including copies of application and marriage certificate. Further, the divorcing couple is required to specify the grounds on the basis of which they are seeking divorce.

The most significant feature in such a divorce is a joint settlement agreement that addresses all the key issues. In case of joint child custody, a Joint Parental agreement must also be provided. This agreement must specify the details regarding parents’ responsibility for children education, medical and other major decisions.

What to Decide in an Uncontested Divorce

This type of divorce allows the parents to decide through negotiation and mutual agreement. Since nothing is being imposed through the court, the parties must cover the following issues in the agreement:

  • How to divide the property?
  • Who will be given child custody?
  • How will the spousal support be determined?
  • Who is responsible for decision making for the children?

Benefits of an Uncontested Divorce

The uncontested divorce offers you many benefits as compare to a contested one:

  • It takes less time than usual.
  • It allows for an undisputed settlement between the parting couple that has a significant impact on their children, especially.
  • It avoids you from the stress of litigation.
  • It saves you money.
  • It is less time consuming.
  • It keeps the divorce information private.
  • It allows both the parents to negotiate as per their terms.

How to make this Agreement Work?

The uncontested divorce agreement can only be carried out if both parties are willing to resolve it peacefully. Though divorce is an awful act resulting into emotional chaos for the family, a little empathy and sacrifice can make it work effectively.

This agreement does not mean that the couple has to agree on everything. Rather, parties negotiate by giving up certain things to gain something better in the long run. A rude and aggressive attitude is never helpful in such negotiations. In case of a divorce with kids, the parties must be willing to compromise for the larger interest of their children.

A Legal Help is a Must

Divorce is an ultimate decision that does not offer a U-turn. Hence it must be taken with extreme care and consideration. It should not be based on emotions solely. Therefore, taking a professional legal help is advisable. Whether it a contested or an uncontested divorce, the attorneys can guide you about the process and legal technicalities. Also they can highlight various important decisions to be made particularly if the couple has children. These attorneys can counsel you and provide with the best possible solutions that can benefit you in the long run. Above all, this is the decision that will have lasting impact on the entire family. A little compromise and sacrifice can still save your family from further losses.

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About author

Sarah Campbell
Sarah Campbell 1 posts

Sarah Campbell is a former paralegal who enjoys writing about family law and related topics, she currently handles the content for DivorceYes. Her extensive experience as a paralegal to some of the top law firms has given her a sound understanding of matters relating to family law.

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