Dissolution and cancelling of marriage in the modern day society have become rampant. Divorce is also one of the most unbearable things in life. In addition to losing a loved one in a cherished relationship, there is also putting up with legal processes. This process mostly requires the help of courts and other legal authorities so as to help spouses in getting their dues and to make sure that it was a fair process to the both of them. Furthermore, divorce allows each partner to get married again later in their lives. The reasons for divorce vary, from personality clash to sexual incompatibleness or even for lack of independence in marriage. In this article, we are going to look at uncontested divorces, when one opts for an uncontested divorce and the requirements for this divorce. Moreover, the article also looks at uncontested divorces and their requirements in Illinois.
Uncontested divorces occur when both members decide to get divorced (Find Law, 2017). Although most divorces are not truly uncontested couples are advised to solve divorce issues by themselves. Most couples opt for arbitration and mediation with or without attorneys’ representation. Uncontested divorces always allow for couples to get back on their feet and it also reduces hostility. Uncontested divorces always occur when there is no disagreement in marital key issues like child support when there is no disagreement over marriage finances. Furthermore, uncontested divorces also can occur when both partners agree to divorce (NYCourts.GOV, 2017).
WHEN TO OPT FOR UNCONTESTED DIVORCE
Uncontested divorces are generally opted for when the divorcing couples do not have anything to disagree on. These disagreement issues include child support issues, division of wealth and also spousal support. Furthermore, uncontested divorces are time-saving since they move more quickly in courts and they have paper works that are adequately streamlined (LegalZoom Inc, 2017). These divorces are time-saving since they bypass lengthy court processes and also litigations.
Mostly uncontested divorces are opted for because they help in easing tension in divorcing couples. This divorce always reduces hostility in divorcing couples. Couples mostly have nothing to disagree on and are mostly contended with what they receive. This type of divorce is mostly opted for this and also for the reason that couples will probably get back to their lives easier.
These divorces are always easier on children. As it is the most important issues that affect divorces is the concern of what happens to children. Children encounter problems trying to cope with their parents’ divorce and adding contentious court procedures makes it worse. In the uncontested divorce process, the judge gives a parenting plan based on the children’s best interests. Furthermore, uncontested divorces can solve issues concerning children in so as to keep him from courthouses.
These types of divorces help maintain privacy. Unconsented divorces keep private matters private. In divorces attorneys ask questions, write an article and even give videos and audio recordings that spouses had opted to be kept private. Contrary to this uncontested divorces are held in law offices with the presence of one attorney and the spouses. Hence the privacy factor is not surpassed (Knutson, 2010).
Residency Requirements for Uncontested Divorce.
For one to file for the uncontested divorce one needs to complete the divorce complaint application forms. The complaint has to be verified has before of a notary republic and the spouses must be living separately for more than a year. One need to file the complaint with the clerk of courts and serve the filled complaint to the other spouse through the police department and also through certified emails. Once the spouse has been served they have thirty days to fill in an answer to the complaint (Mcllveen, 2017).
A form of Uncontested divorce in Illinois.
Illinois has a special form of uncontested divorce called joint simplified dissolution. This is mostly used to speed up the process of how spouses who reach agreements that are complete during their divorce. Furthermore, it is used when couples cooperate through their divorce procedures. In this, the couple does not have to attend hearings in front of a judge (Rayne, 2009). However, the court will only give a simplified divorce if the couple does not have children or real wealth and properties. Furthermore, both spouses have to waive their rights to spousal support in order for the court to give a simplified divorce to them.
Since many couples do not reach the requirements set for a simplified divorce in Illinois most of them opt for uncontested divorces. In this, couples settle their differences outside courtrooms. Generally, this requires one spouse to fill in a divorce complaint and then both parties meet to deliberate on an agreement. This agreement should allow for child support, wealth sharing procedures, spousal support, and children custody. The couple hence takes the agreement to court and if the court agrees with the agreement it dissolves the marriage.
Furthermore, in Illinois couples may opt for the No-Fault Divorce. This happens when neither party is responsible for the dissolution of the marriage nor have reconcilable differences. If they go to court, the court can give divorce on the ground that they have irreconcilable differences and they have been separated for more than two years (Rayne, 2009).However, in case of an uncontested divorce, the couple can waive their two years waiting period provided they lived separately for six months.
In Illinois, there is providence for alternative dispute resolutions and hearings. The most common method used by couples is the mediation method. The method may be court ordered or voluntary. The process allows couples to take part in talks through the divorce process using a neutral mediator. There is also arbitration where couples take complaints to an arbitrator who serves as a private judge.
Requirements For uncontested Divorces in Illinois.
It is required for couples to be eligible for this kind of divorce to be residents of Illinois State. Residency is acquired if the spouses have lived in the state for a period of ninety days. Furthermore, one has to fill and complete the required paperwork like the petition for the dissolution of marriage. The petition has to be accompanied by certificates issued by court clerks.
The main thing required for the uncontested divorce is settlement agreement. In Illinois, it is mandatory to show this agreement to the court for approval. Moreover, the settlement must cover important issues in your divorce. For simplified divorces, you must file in petitions with affidavits attesting to the fact you are eligible to be given this divorce form.
Divorce is never easy but uncontested divorce eases up the hardships faced when couples undergo the procedure. The process is further made easier by the state of Illinois. With the introduction of joint simplified divorces and the providence of alternative methods to settle differences. Furthermore, uncontested divorces are time-saving and this has been attested to by the requirements set by the Illinois that show that the longest time these divorces can take is six months.
Find Law. (2017). Uncontested divorce. Retrieved from Find law: http://family.findlaw.com/divorce/uncontested-divorce.html
Knutson, K. (2010, December 14). 7 reasons to choose an uncontested divorce. Retrieved from AVVO: https://www.avvo.com/legal-guides/ugc/seven-reasons-to-choose-an-uncontested-divorce
LegalZoom Inc. (2017). uncontested Vs contested divorces. Retrieved from LegalZoom: https://www.legalzoom.com/knowledge/divorce/topic/uncontested-contested-divorce
Mcllveen, A. (2017). 6 steps to file for uncontested Divorce. Retrieved from McllvenFamily Law firm: http://www.mcilveenfamilylaw.com/sixstepstofilefordivorce/
NYCourts.GOV. (2017, July 31). The Law – Divorce Resources. Retrieved from NYCourts New York State Unified Court System: https://www.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
Rayne, E. (2009). An uncontested divorce in Illinois. Retrieved from Legal Info: http://info.legalzoom.com/uncontested-divorce-Illinois-24713.html