DuPage County Uncontested Divorce Attorney

Lawyer for Spouses Seeking Amicable Divorce Resolution in Wheaton and Warrenville

While some divorces must be resolved through litigation in court, many couples are able to reach a resolution through alternative methods. One such method is an uncontested divorce, in which the spouses agree on all terms before filing their agreement with the court. An uncontested divorce can often save time, money, and stress, allowing both spouses to move forward amicably and with minimal hardship.

Even with the relative simplicity of an uncontested divorce, it is still important to work with an attorney who has a thorough understanding of the process of ending a marriage in Illinois. At Hensley Sendek Law, we provide uncontested divorce services at an accessible rate, allowing you to benefit from the knowledge and guidance of Attorney Jessica Sendek as she helps you work toward a favorable and efficient resolution.

Matters to Address in an Illinois Uncontested Divorce

Couples who take the route of uncontested divorce will typically need to address the same issues as other divorcing couples. The primary difference is that, rather than leaving final decisions up to the court as in a contested or litigated divorce, spouses in an uncontested divorce work together to establish an agreement on their own terms. Often, this agreement is reached through negotiation, or settlement conferences that may take place in person or virtually.

When couples are willing and able to negotiate in good faith, they are often better able to maintain control over the divorce process and achieve a more satisfying outcome regarding issues including:

• Marital and non-marital property - In an uncontested divorce, spouses may be able to consider a wide range of options for protecting and dividing property. Each party can consider the other's needs and preferences and work toward an agreement that keeps properties intact, rather than having to sell or divide them. In some cases, spouses may even be able to negotiate for ongoing co-ownership of a property that they both highly value.
• Spousal maintenance - A court may or may not decide to award spousal maintenance depending on the situation, and when maintenance is granted, the amount and duration are typically figured according to a very specific calculation. However, in an uncontested divorce, couples have more freedom to decide whether spousal support is warranted and how payment should be structured.
• Parenting time and parental responsibilities - An uncontested divorce can be especially beneficial for parents who are committed to working together to be effective co-parents for their children. Not only does it help to protect the children from conflict, it also leaves the creation of a parenting plan to the people who often best understand the unique needs and circumstances of their children and family.
• Child support - Parents in an uncontested divorce can also work together to decide how each one should contribute to financial support for the child's basic needs, as well as for expenses that vary from family to family, including those related to a child's medical or special developmental needs, educational and extracurricular activities, and other things that allow the child to maintain their accustomed lifestyle.

It is important to note that the court will review an uncontested divorce agreement to make sure that it is in the best interests of the children and does not create unnecessary hardship for either spouse, but if the agreement meets these criteria it will often be approved with minimal involvement of the court.

How We Handle Uncontested Divorce

At Hensley Sendek Law, we strive to make our uncontested divorce services cost-efficient, typically starting at $2,500 plus court filing fees. In order to pursue an uncontested divorce, a couple must have reached an agreement on all applicable issues, including the acknowledgment of irreconcilable differences in the marriage, the division of marital assets and debts, the classification of non-marital property, the allocation of parental responsibilities and parenting time, and the payment of child support and spousal support. The spouses must also waive the right to pursue financial discovery. Additionally, the couple must meet the necessary requirements for dissolving their marriage in Illinois, including having lived in Illinois for 90 days, at least one spouse must live in DuPage, Kane, Cook, or Will County. Our uncontested divorce service includes the preparation and filing of all necessary paperwork, including the Petition for Dissolution of Marriage, necessary Appearance Forms for the represented spouse and preparation of the Pro Se Appearance for filing by the non=represented spouse, the Judgment for Dissolution of Marriage, the Marital Settlement Agreement, the Allocation Judgment for child-related issues, any required affidavits, and all necessary support orders.

Contact a Naperville Uncontested Divorce Lawyer

For a free consultation to learn how you can start the process of your uncontested divorce, contact us today at 630-358-9029. We serve clients in Naperville, Wheaton, Warrenville, Winfield, Lombard, Glen Ellyn, Lisle, West Chicago, and throughout DuPage County and surrounding cities and counties.