Schaumburg Uncontested Divorce Lawyers
Many couples agree to end their marriage, but significant disagreements remain over important child custody and property division issues. Both spouses want what is best for the children and a fair property division, but they have different definitions of "best" and "fair." In any uncontested divorce, it is important to have an attorney who is both a good negotiator and a solid advocate who can sway the other spouse to your way of thinking.
Since there is already some general agreement, the attorneys at Glasgow & Olsson typically try to negotiate an agreed settlement. Such an outcome may help control legal costs, give the parties more control over the outcome, and decrease emotional tensions. However, we will never agree to a settlement that fails to protect your legal and financial interests. In fact, we fully expect to go the distance for each and every client.
Section 401 of the Illinois Marriage and Dissolution of Marriage Act governs uncontested, or no-fault, divorces. The statute refers to "irreconcilable differences [that] have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family." This state of affairs must last for at least two years prior to a final judgment. By written agreement, the parties can reduce this waiting period to six months. Any temporary reconciliation does not count against the waiting period. In other words, if you try to work things out but are unable to do so, you do not have to start the countdown all over again.
Both contested and uncontested divorces follow very much the same process:
- Temporary Hearing: The judge makes preliminary orders concerning custody and support, as well as orders concerning the parties' conduct for the duration of the proceeding.
- Discovery: In a civil case, both sides must lay their cards on the table. In most divorce and family law cases, discovery consists primarily of a document exchange between the two sides, including tax returns, bank records, report cards, medical reports, and other information relevant to the issues at hand.
- Negotiation: Once discovery is complete, the parties typically try to agree on a settlement. This tactic may have some benefits in the short and long term for both parties.
- Evaluation: A social worker may conduct an investigation and make recommendations as to child custody and visitation.
- Trial: If negotiation fails, trial may be before a judge. If necessary, the court's decision is generally appealable.
The amount of time an uncontested divorce may vary from as little as a few months to as many as several years, depending on the issues and the personalities involved.
If your marriage is ending, contact Glasgow & Olsson for your consultation at (847) 577-8700. All of our attorneys are published authors in their fields.