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Findgreatlawyers.com is the leading resource for Illinois attorney referrals and legal guidance for all areas of Illinois law including divorce. We are not a place to find a free lawyer, but our staff attorneys will speak to you for free and point you to a lawyer that charges for their services, but fits your needs. If you would like our help please contact us at (312) 346-5320. Below are some answers to general questions about uncontested divorces in Illinois.

What is an uncontested divorce?

An uncontested divorce means that you want a divorce and you and your spouse have worked out every issue. However, it is not for every couple that is seeking to end their marriage. For an uncontested divorce to be appropriate, the divorcing couple must be able to come to a fair and equitable agreement with each other, without conflict or contest. This includes issues such as child custody and property division. If at any point, there is a counter demand from a spouse, the divorce is not uncontested. If you aren’t in 100% agreement on visitation, custody

Do you need an attorney for an uncontested divorce?

Uncontested divorces may take place with or without attorney representation. If a couple is capable of producing an agreement that a judge deems appropriate and fair, the agreement will likely be approved by a judge without an attorney. However, having an attorney may speed up the divorce and prevent mistakes. In our strong opinion, there is never a time you should represent yourself if children are involved or there is a lot of money or property to be split.

Where is an uncontested divorce filed:

Whether it’s contested or uncontested, a divorce is filed in the county where one of the spouses lives. In other words, if you live in Chicago and your spouse lives in St. Charles, your divorce could be filed in either Cook County or Kane County.

What are the advantages of an uncontested divorce?

1. Cost: As mentioned above, an uncontested divorce may occur without attorney representation. Therefore, there will be no costly attorney’s fees. Further, even if there is attorney representation, uncontested divorce proceedings very quickly. Therefore, even if there are attorney’s fees, they will be significantly lower than in a more protracted divorce proceeding.
2. Speed: Uncontested divorces do not require extended negotiations and conflict. As a result, it takes much less time to complete the proceedings. Often uncontested divorces, may only require one court appearance.
3. Stress: Longer divorce proceedings can be very extremely stressful. They can also create higher levels of conflict. An uncontested divorce may eliminate much of this stress.

When is an uncontested divorce inappropriate?

1. A couple with poor communication: If a couple cannot properly communicate their needs and desires regarding the dissolution of their marriage, it is likely they cannot come to an appropriate agreement. It is important that this type of couple seek attorney representation.
2. Domestic violence: If a couple has experienced problems with domestic violence, attorney representation is vital to ensure that one spouse is not pressured or coerced into an agreement that he or she is not comfortable with. A judge who is aware of such conduct, will likely not approve an uncontested divorce.
3. Complicated custody and property issues: When the parties do not have a relatively simple resolution to their custody issues and property division, an uncontested divorce is inappropriate. Attorney representation is necessary to ensure that the parties arrive at an equitable agreement.
4. A lack of understanding of the law: It is important that parties understand the gravity of the proceedings in which they are taking part. They should comprehend the law and its implications. If they need a lot of guidance concerning the law, they should not proceed with an uncontested divorce.
5. There is any issue that you don’t agree upon.

How much does it cost to hire a lawyer for an uncontested divorce?

Assuming it is truly uncontested, you usually can get a lawyer to correctly prepare and process the paperwork and make the necessary appearances for around $1,000.00 plus the costs that are charged by the court. This is obviously an estimate and please remember, if there are any hiccups along the way the fee will be higher. Also, if you have questions or take time to talk to the lawyer you can expect to be billed for just about every minute.

Since we agree on the divorce can one attorney represent the both of us?

No. In Illinois it is not allowed for one attorney to represent people who are on the opposite side of a case. In fact it is completely unethical and an attorney could lose their license for doing so. Sometimes people think a lawyer is representing both of them, but they are really only representing one person. If you have any doubts you need your own attorney to review things and discuss them with you.

If you have any questions about the divorce process in Illinois or would like an attorney referral, please contact us.