Putting Your Amicable Divorce In Writing
When getting divorced is a mutual decision, the do-it-yourself route seems prudent. Yet it’s rarely as simple and straightforward as it seems. Couples soon realize they haven’t thought of everything or do not in fact see eye-to-eye on key issues. Doubts creep in. Tempers flare. And soon, one or both spouses “lawyer up.”
At Divorce Mediation & Consulting, we applaud the desire for an amicable or uncontested divorce. And we can help make it happen. Our knowledgeable lawyers are courtroom veterans who can help you identify red flags, iron out the critical details and put your divorce settlement in the proper legalese.
Uncontested Divorce Doesn’t Mean You Have All The Answers
An uncontested divorce, also known as an amicable divorce, doesn’t necessarily mean you’re still friends or that you don’t have disputes. It means you are consciously choosing not to litigate and you are on good enough terms to hash out an agreement. Bypassing the courts avoids the cost, stress and bitterness of a legal battle. But you still have to show the court you agree on all relevant issues:
- How you will divide joint property and debts
- Parenting arrangements and joint decision-making
- Spousal support (if applicable) and child support
- Qualified domestic relations orders (QDRO) for retirement savings
Our lawyers can help you get your pro se dissolution of marriage across the finish line. If you have a “kitchen table” agreement, we can review it, write it up and help you file with the court. If some issues are still unresolved, we can help you work out those bugs through discussion, mediation or limited legal proceedings.
How Does Amicable/Uncontested Divorce Work?
By rule, we cannot represent both spouses. Typically, we are hired by one spouse to draft the marital settlement agreement which is then presented to the other spouse for approval or counterproposals. We aren’t trying to “win” an uncontested divorce, but we are making sure our client’s interests are protected. Sometimes, the spouse will also hire their own lawyer to review the agreement.
Because the goal is to go your separate ways and stay out of court, we aim for a settlement agreement that is fair, practical, unambiguous and legally compliant. Once the two of you are “on the same page,” the petition for dissolution is submitted to the court, and after the statutory period, the divorce is granted and entered into the record.
Uncontested Divorce With Children
It’s a little more complicated if you have kids, whether they are toddlers or teens. The court will closely scrutinize your amicable parenting arrangements to ensure the best interests of the children are served. Our attorneys are well-versed in Illinois law regarding the allocation of parenting time (“custody”) and parental responsibilities (decision-making). In drafting the parenting plan and proposed child support, we can help you make sure all the bases are covered to the satisfaction of the local judges who must give their seal of approval.
Amicable Divorce For High-Asset Marriages
An uncontested divorce is not limited to short-term marriages with few assets to haggle over. We have assisted high-earner clients with millions of dollars in marital property, including real estate, businesses and investments. As long as both parties are amenable and the settlement is not patently lopsided, there is no reason you can’t obtain an uncontested divorce and keep your hard-earned money.
Are You A Candidate For Uncontested Divorce?
Reach out to us today to schedule a free consultation. We counsel clients on uncontested divorce, uncontested parentage agreements and other out-of-court solutions across the Chicago area, including DuPage, Cook, Will, Kane, Kendall and Lake counties. Call 630-912-6051, or contact us online.