In Illinois, there are two avenues in order to file for a divorce, or the dissolution of marriage. One is the no–fault grounds typically found in an uncontested divorce. This option can be pursued when the spouses have lived separate and apart for a continuous period in excess of two years and irreconcilable differences have caused the irretrievable breakdown of the marriage. The court will have to determine that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family in this type of uncontested divorce scenario.
If the spouses have lived separate and apart for a continuous period of not less than six months preceding the entry of the judgment dissolving the marriage, as evidenced by testimony or affidavits of the spouses, the requirement of living separate and apart for a continuous period in excess of two years may be waived upon written stipulation of both spouses filed with the court.
While divorce of any kind can be a tough and challenging process, the process can be much smoother you and your spouse or partner are both ready to move on. However, no divorce can be seen as fully uncontested. Though your divorce may be amicable and peaceful, there are bound to be some issues that you and your spouse/partner differ on.
When it comes to the division of property and other assets in Illinois, property is divided equitably – or fairly, pursuant to the Illinois Marriage and Dissolution of Marriage Act. In an uncontested divorce, the parties decide what is fair, as opposed to a contested divorce, where a judge ultimately decides what is fair.
The Law Office of Paul M. Marriett serves clients in Rockford, Loves Park, Machesney Park, Winnebago County and the surrounding communities who are seeking an uncontested divorce. For additional information about uncontested divorces, or to discuss your matter in confidence with a skilled attorney, schedule a confidential consultation by calling (815) 391-0089.