What is an Uncontested Divorce? A Simple Guide to Understanding the Process

Divorce can be a challenging and emotional process, but understanding your options can make it more manageable. Divorces can be highly-contested, which means the couple agrees on very little about how to determine financial and parenting-related matters. Usually, these divorces require litigation, and sometimes even trial, to reach resolution. In contrast, some couples are able to reach agreement on how they wish to resolve their split. In these circumstances, couples can refer to what they need as an “uncontested divorce.”  While contested divorces often involve lengthy disputes and court battles, uncontested divorces are typically simpler, faster, and less stressful. This guide breaks down what a contested and uncontested divorce involves, how they differ, and what you need to know about navigating the process in Illinois.

Understanding the Difference: What is a Contested Divorce?

Understanding the benefits of an uncontested divorce is important for fully grasping its counterpart, a contested divorce.

A contested divorce occurs when spouses cannot agree on one or more major issues related to the dissolution of their marriage. These disagreements may involve:

• Division of property and debts: How assets like homes, retirement accounts, or business interests will be divided.
• Child custody and parenting time: Disputes over who will have primary custody, visitation schedules, or decision-making authority for children.
• Child support: Conflicts in overpayment amounts or who should contribute what to care for shared children.
• Spousal maintenance (commonly known as alimony): Disagreements over whether support is necessary, how much should be paid, and for how long.

Because these disputes cannot be resolved amicably, a contested divorce typically involves:

• Mediation or negotiation involving attorneys: Attempts to resolve disagreements with the help of mediators and attorneys.
• Court involvement: If mediation fails, the divorce may go to trial, where a judge will decide on the unresolved issues.
• Longer timelines: Due to legal procedures and court schedules, litigated divorces can take months or even years to resolve.
• Increased costs: Attorney fees, court costs, and time spent negotiating or litigating can make contested divorces significantly more expensive.

What is an Uncontested Divorce?

In contrast, an uncontested divorce involves no such disputes. Both parties agree on all key aspects of their separation, allowing the process to move forward quickly and with minimal court intervention. For example, often a couple does not need to go to court at all to complete their divorce if both are represented by an attorney. Instead, they can divorce by affidavit in Cook, Lake, and DuPage counties, among others. The capacity to agree saves time and money, and also reduces the emotional toll often associated with lengthy legal battles.

If you and your spouse can reach a mutual agreement on major issues, an uncontested divorce may provide a smoother, less stressful path forward. It is still important to hire counsel for an uncontested divorce to ensure you understand all of the terms of your agreement, and how they will affect you going forward. Also, when you are not represented by counsel, it is often difficult to figure out how to file the appropriate papers and finalize the divorce, simply because working with an unfamiliar court system takes more time and effort than many people realize. Hiring an attorney to complete the agreements and ensure your divorce is finalized is often highly valuable.

In an uncontested divorce, both spouses agree on all major issues related to their separation which can include:

• Division of assets and debts (e.g., property, financial accounts, and loans).
• Spousal support (alimony) (if applicable).

Key benefits include:

• Lower costs: Fewer attorney fees and reduced court involvement mean significant financial savings.
• Faster process: Without the need for lengthy negotiations or trials, the divorce can be finalized more quickly.
• Privacy: Minimal court involvement means fewer details of your divorce become part of the public record.
• Reduced stress: Avoiding prolonged disputes allows both parties to move forward with less emotional strain.

Who Qualifies for an Uncontested Divorce in Illinois?

To qualify for an uncontested divorce in Illinois, certain criteria must be met:

• Residency requirements: At least one spouse must have lived in Illinois for at least 90 days before filing.
• Mutual agreement: Both parties must agree on all major issues.
• Basis for divorce: Illinois law recognizes “irreconcilable differences” as the sole ground for divorce, which eliminates the need to prove fault.

Uncontested divorces are particularly ideal for:

• Shorter marriages with fewer shared assets and no minor children.
• Couples with no significant disagreements.

Potential Challenges to Consider

While uncontested divorces are simpler, they are not without potential pitfalls:

• Disputes may arise: Even minor disagreements can complicate the process, highlighting the importance of clear communication and compromise.
• Legal soundness: It’s vital to ensure that the settlement agreement is thorough and fair to avoid future legal challenges or enforcement issues.
• Emotional readiness: Both parties must be prepared to work together constructively throughout the process.

Even though uncontested divorces are more straightforward than contested ones, having an experienced attorney is invaluable. They ensure your settlement agreement complies with Illinois law, helps you avoid costly mistakes, and protects your rights and interests.

At O. Long Law, LLC, we are here to help guide you through the process of an uncontested divorce, offering personalized support and skilled, compassionate advice every step of the way. Whether you’re ready to file or simply exploring your options, we’re here to help.

Contact O. Long Law, LLC today for a consultation and take the first step toward a smooth and stress-free resolution.