Aurora Divorce Attorneys
Parties that seek an amicable and prompt resolution to their divorce matter will seek to have an uncontested divorce. Unlike a hotly contested divorce, and uncontested divorce means that the parties are in agreement on most if not all the issues. If the parties reach an impasse on a particular issue, or if all other alternatives to dispute resolution have been exhausted, an uncontested divorce can quickly turn into a contested one.
Contact our Aurora divorce attorneys at The Law Offices of David Lee for a free phone consultation.
If you and your spouse are operating on a level playing field, and can communicate effectively an uncontested divorce would be a very good option for both parties, as it keeps attorney's fees low and is much less stressful. However, just as in a contested divorce, you will have to address the following issues:
Legal Issues in an Uncontested Divorce
Even in uncontested divorce negotiations, the most common issues you will have to address are:
- Joint vs. sole custody of children
- Distribution of marital assets
- Maintenance (alimony)
- Child support
- Distribution of retirement accounts/investment accounts and finally,
- The grounds in which the marriage is to be dissolved.
Uncontested Divorces in Illinois
Our office can only represent one party in any particular proceeding in order to avoid a conflict of interest. As to the following previously stated legal issues, parties' are permitted to frame their agreements as they wish. If parties cannot agree as to one or more of the legal issues, there are other methods of alternative dispute resolution. Parties can agree to meet in a conference to discuss alternatives, or they can agree to have a mediator provide recommendations to resolve their conflicts.
If the parties cannot agree as to a resolution to their particular issue and further attempts to resolve this matter would be futile, the parties can elect to file a petition for dissolution of marriage with the courts and ask a judge to resolve their conflicts. However, if the parties' can come to an agreement, there are two documents/agreements that would need to be executed by the parties:
1. A marital settlement agreement will include:
- How your personal property, furnishings, and automobiles will be distributed;
- How your financial accounts, which are jointly owned, will be distributed;
- How the debt accumulated during the course of the marriage is to be distributed;
- Whether a party will remain in the marital home, or how the proceeds/loss from its sale will be distributed;
- How much maintenance (formerly known as alimony) will be paid, and for how long;
- How much child support shall be paid, how it will be paid, and when the child support shall terminate;
- What tax exemptions will apply once the divorce decree is entered;
2. A joint parenting agreement will include:
- Who will have residential custody over the minor child(ren).
- The type of custody each party shall have over the minor child(ren).
- The visitation or parenting schedule of the non-residential parent.
- Provisions regarding issues that may affect the minor child(ren) is raised.
Contact an Aurora divorce lawyer for legal representation in any divorce matter today!
The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties