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How Does an Uncontested Divorce Work?

Posted on in Divorce

Considering divorce proceedings as contentious is common. For some people, the entire proceeding is adversarial, from filing for divorce to property division. For others, both parties are in agreement that the marriage is not working and have reached a mutual decision to divorce. While parties may disagree on various particulars of a settlement, such as property division, alimony, or child custody, those parties are able to work together to address the issues outside of court and are able to bring their agreement before a judge.

How Does That Work?

In an uncontested divorce, the parties agree to the grounds for a divorce, and are able to come to an agreement on the terms of the settlement. The agreements are generally reached through the parties' attorneys, who are able to work with the parties individually to explain their rights, the law, and what their outcome might be if they are unable to reach an agreement and go before the court for resolution.

divorce to property division. For others, both parties are in agreement that the marriage is not working and have reached a mutual decision to divorce. While parties may disagree on various particulars of a settlement, such as property division, alimony, or child custody, those parties are able to work together to address the issues outside of court and are able to bring their agreement before a judge.

How Does That Work?

In an uncontested divorce, the parties agree to the grounds for a divorce, and are able to come to an agreement on the terms of the settlement. The agreements are generally reached through the parties' attorneys, who are able to work with the parties individually to explain their rights, the law, and what their outcome might be if they are unable to reach an agreement and go before the court for resolution.

There are several avenues through which parties can come to an agreement. The parties' attorneys may negotiate as one may negotiate any contract-attorneys may speak with a client about what terms he or she is willing to accept, and speak with the opposing attorney to try to get as close to their client's wishes as possible without negotiations breaking down. Parties may choose to come to an agreement through a collaborative divorce, during which the parties' attorneys work more closely together to come to an outcome that is acceptable to both parties. There is also the option of working with a mediator to reach an agreement.

Benefits to Avoiding Court

Parties may choose to work together and come to an agreement, rather than bring their case before a judge, for many reasons. For one, they will have more control over the outcome by reaching an agreement than they would if a judge made the final decision. In addition, this also allows the parties to control what kind of information enters the public record. For example, if infidelity led to the divorce, the parties involved may not want that to be a part of their divorce or the record of the case; if the parties can come to an agreement, there is no need for that information to be revealed.

Another reason may be cost-having a drawn-out court battle may cost more time and money than working together to reach agreement. Additionally, if there are children involved, negotiating an agreement may allow the parties to avoid some fighting, adversarial actions, and bad feelings that could accompany a court battle.

If you have questions about filing for divorce in Illinois, contact the experienced DuPage County family law attorneys at The Stogsdill Law Firm, P.C. for a consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

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