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Wheaton Uncontested Divorce Lawyer

Amicable Separation Attorneys Serving DuPage County

Warrenville Uncontested Divorce Lawyer

As difficult as divorce can be, not every case involves conflict. If divorcing spouses are parting ways amicably without struggles over the issues involved in dissolving their marriage, they may be able to complete an uncontested divorce. At Anderson and Associates, P.C., we can help ensure that you have resolved all issues and addressed all legal requirements as you finalize your divorce.

Is Simplified Divorce Possible?

In certain circumstances, a divorcing couple may be able to end their marriage through a joint simplified dissolution (as defined in 750 ILCS 5/Part IV-A). In order to do so, they must meet the following requirements:

  • They must have been married for eight years or less.
  • They must not have any children together, and the wife cannot be pregnant.
  • They must have been separated for at least six months.
  • They must not own a house together, and the total value of any joint marital property cannot be more than $10,000.
  • Neither spouse can make more than $20,000 in gross income, and the spouses' combined gross income cannot be more than $35,000.
  • Both spouses must permanently waive the right to seek maintenance (alimony) from each other.
  • Either spouse must have lived in Illinois for at least 90 days before filing for divorce.
  • They must agree that irreconcilable differences have arisen in their marriage and that the marriage cannot be saved.

If you do not meet these requirements, you will not be eligible for a simplified divorce but your divorce may still be uncontested and amicable. In this case, you will need to proceed with your divorce following the standard legal procedures.

Completing an Uncontested Divorce With Minimal Complications

In order to finalize an uncontested divorce, spouses will need to be in agreement on all issues, including:

Even if you and your spouse are not in disagreement over issues such as real estate ownership, business ownership, or pensions and retirement funds, and you are not involved in financial matters such as bankruptcy or foreclosure, you should still secure the services of an attorney who can ensure that all of your bases are covered. However, both spouses should understand that while they can use a single attorney in their divorce, that attorney can only represent one spouse, and the other spouse will need to acknowledge in writing that the attorney does not represent them and waive their right to their own attorney.

If both parties in a divorce are in full agreement on every issue related to the dissolution of their marriage, an uncontested divorce is the best option for them, allowing them to cooperate to end their marriage quickly and amicably and move on with their lives. However, what may seem like a simple, uncontested divorce can often become a more traditional divorce case if unexpected issues are discovered and conflicts arise.

Whether you are planning to finalize an uncontested divorce or need representation in any divorce litigation, the skilled divorce attorneys at Anderson and Associates, P.C. can assist you in dissolving your marriage while ensuring that your rights and your family's best interests are protected. With over 30 years of experience in family law, we can help you understand every aspect of the divorce process and advocate for you every step of the way. Contact a Wheaton divorce lawyer at 630-653-9400 to set up an initial consultation. We provide legal assistance to clients in Glen Ellyn, Winfield, West Chicago, Warrenville and throughout DuPage County.

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