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Do you fit the criteria for uncontested divorce?

| Jun 27, 2019 | family law

As half of a couple in Illinois, you may have decided with your significant other that you would be better off if you were to get a divorce. Because of that agreement, you are already on the path for being eligible for an uncontested divorce. But what exactly is it, and how do you fully qualify?

First, uncontested divorces differ from contested divorces because both parties agree on all terms involved in the split. The major benefit is that you are able to bypass having to deal with the court. Since everything is decided beforehand, you only have to handle streamlined paperwork. This lets you cut down on time, costs, and emotional burden.

FindLaw states that in order to be considered uncontested, both parties must agree to divorce. However, that is just step one. After that, you must also be able to reach agreements on all of the basic decisions typically associated with divorce. This can include:

  • Spousal support or alimony pay
  • Child support payment plans
  • Child custody arrangements
  • How assets will be divided

All of these things are hot button issues that couples argue about with great intensity and passion. This is why it is so hard to achieve an uncontested divorce and why such a small number of couples succeed.

However, you can receive outside help when it comes to reaching decisions on these topics. Many people who seek uncontested divorces also have a third party mediator on the team in order to ease communication and provide unbiased opinions to both sides. Through this, it is possible for couples to reach a consensus.