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Should I consider an uncontested divorce?

| Mar 23, 2020 | Divorce |

If you’re planning a divorce, you may have seen the words “uncontested divorce” come up during your research. You’re considering all the different kinds of divorce options out there, but an uncontested divorce seems like the best fit. You’re just not sure if it’s precisely right for you.

First off, it’s essential to understand what an uncontested divorce entails. An uncontested divorce is exactly as it sounds: a divorce in which neither spouse contests – or disagrees – with the divorce.

When it comes to an uncontested divorce, there are typically three possibilities:

  • You and your spouse came to a decision together. Many relationships reach a mutual end at no real fault of either spouse. You both realized and accepted that it’s over, and don’t want to pretend that things are okay. In this situation, an uncontested divorce is an ideal choice as it will streamline your divorce process for both of you.
  • You filed divorce separately and want your spouse to agree without a fight. If you’ve decided divorce is the only option, you can register for divorce on your own first. Your spouse will have the choice to agree with the divorce proceedings, and if they do, your divorce can continue uncontested.
  • Your spouse filed for divorce and wants you to agree without a fight. Similarly, if your spouse files for divorce against you, you have the choice to accept or to contest it. You must weigh all your options before making your decision, as fighting the divorce can result in a much longer and stressful process.

Uncontested divorces only work when both spouses agree to the divorce and decide not to fight each other on major divorce aspects such as child custody, property, and financial assets. You are keeping an open line of communication that allows the two of you to work through the divorce amicably.

In Illinois, you and your spouse can apply for a joint simplified divorce if neither of you contests the divorce. A joint simplified divorce is only possible for couples without children but is an ideal choice for speeding up the divorce process.

Your divorce will become contested if your spouse chooses not to follow the divorce order or if neither of you agree on significant divorce issues. However, uncontested divorces have great advantages. They’re typically faster and less expensive than a regular contested divorce. Talk with an experienced divorce attorney to learn all about the pros and cons of uncontested divorces and whether it’s the right choice for you.

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