All You Need To Know When Seeking Uncontested Divorce Chicago
By: John Denvert
When seeking uncontested divorce Chicago residents should know a few things. For instance, they will have to battle it out in court if they do not agree on a single item. This is because this particular type of divorce is for couples who come to a full settlement agreement. Read on to learn more about uncontested divorce in the city of Chicago, IL.
Spouses who do not have sufficient information about their spouse's income, assets, property, debt and net worth may have to file a discovery motion in court to get the information. This already goes beyond the scope of uncontested dissolution of marriage. Other orders, for instance to stop transfer of property, may also be sought before proceedings officially commence. If you find yourself in such a case, you may want to hire a reputable attorney to offer legal representation in the contested case.
These cases are very convenient because the parties only need to appear before a judge once. It is a quick and cost effective option compared to contested cases. Unfortunately, it is normally very difficult for the parties involved to agree on every item on the settlement agreement.
A marital settlement agreement is the most important document in a dissolution of marriage case. Without it, the marriage cannot be dissolved. Both parties must agree on all the terms and sign the document. Some of the issues that must be agreed on and indicated on the agreement include spousal support, child support, grounds for divorce, visitation, attorney fees, division of property, child custody and payment of debts.
It's not a must that the two parties must agree on everything at first for the case to be considered uncontested. The parties can disagree on some issues, but the court will consider the case uncontested if the two come to an agreement before filing the case. During the negotiations, it is always good to have an attorney present to ensure that you get the best deal possible.
A marriage can be considered dissolved once the judge approves and signs that settlement agreement. After this, the ex-wife must give up her marital name. The retirement benefits of the spouses must also be divided and a child support order served on the person who is supposed to make the payments.
For a contested divorce to be granted, the court will hold hearings to determine all the key issues that normally appear on the settlement agreement. The spouses will incur dozens or billable hours which can add up to a lot of money when the case is finally concluded. Furthermore, the court arguments may worsen the relationship between the feuding couple. For this reason, it is recommended that spouses consider uncontested divorce first before moving to court.
There are many benefits of filing uncontested divorce Chicago residents should know about. For one, it is a much cheaper option. It is also very quick, so it can be completed in a discreet manner, which is great for everyone involved especially the kids. It can also prevent the relationship between the two parties from deteriorating any further by avoiding nasty court battles.