The divorce process can be complicated and fraught with emotion. Whether you and your spouse made a mutual decision to end your marriage, or one of you believes that it is time to move on from a relationship that is not working, you will both need to address multiple different legal issues as you separate your lives from each other. Fortunately, you can make this process easier if you take steps to avoid conflict and work to reach a resolution to your case that you can both agree on. As you negotiate your divorce settlement, you will need a dedicated, experienced lawyer on your side.
The attorneys of NN Legal Group can provide the guidance and representation you need during your divorce. Attorney Nicolas Nelson has been working with clients to address legal issues for more than 12 years, and he can help you understand the best ways to complete your divorce efficiently and effectively. By explaining the divorce laws in Illinois and keeping you informed about the next steps you will need to take, we can help you work toward achieving the goals that will allow you to move forward once your marriage has been legally dissolved.
Whether a divorce is contested or uncontested does not refer to whether spouses agree to dissolve their marriage. Typically, once a spouse decides to file for divorce, the best approach for both spouses is to proceed as if their marriage will be ending rather than attempting to dispute the divorce petition itself. This does not mean that reconciliation is impossible; if a couple chooses not to get a divorce, a spouse can withdraw their divorce petition at any time. By proceeding as if the divorce will take place, spouses can protect their rights and financial interests, and they can prepare for how their lives will change once their marriage has ended.
From a legal perspective, an uncontested divorce is one in which disputes are settled outside the courtroom instead of holding a divorce trial. During an uncontested divorce, spouses will negotiate with each other to create a divorce settlement that addresses all of the legal issues involved in ending their marriage. These will include the division of marital property and debts and the determination of whether one party will pay spousal support to the other. For couples who have children together, a divorce settlement will include a parenting plan that addresses how they will handle parenting issues going forward, including the allocation of parental responsibility (formerly known as legal custody), schedules and rules for parenting time (formerly known as physical custody or visitation), and each parent's child support obligations.
In some cases, a couple may qualify for a "joint simplified dissolution," which can allow them to complete the divorce process more quickly and easily. To qualify for a joint simplified dissolution, a couple must have been married for eight years or fewer, they must not have any children, the total value of their marital property must be $50,000 or less, and their total combined gross annual income must be under $60,000. When completing this type of divorce, spouses must sign an agreement regarding the division of their marital assets, and both parties must waive the right to receive spousal maintenance (alimony).
During an uncontested divorce, it is important to be represented by an attorney. Even if spouses wish to resolve legal and financial issues with minimal conflict and are in agreement on how most matters should be handled, an experienced lawyer can make sure a divorce settlement meets all legal requirements and fully and clearly explains all of the decisions made about the end of the couple's marriage. An attorney can also identify any issues that could lead to problems in the future, ensuring that spouses can avoid the need to return to court to settle disputes. It is important to note that an attorney can only represent one spouse, so each party should have legal counsel who can make sure their rights are protected in the decisions that are made.
At NN Legal Group, we can provide you with skilled and experienced legal representation when negotiating a divorce settlement. We will fully explain your rights and options and help you make informed decisions as you work to end your marriage. If you are unable to reach a satisfactory settlement, we are fully prepared to advocate on your behalf during divorce litigation. To arrange a free consultation and learn how we can help you complete your divorce successfully, contact us at 630-474-0925. We serve clients in Glen Ellyn, Addison, Lombard, Wheaton, Glendale Heights, Villa Park, Carol Stream, Bloomingdale, and throughout DuPage County. Hablamos Español.