Divorce can be a financial strain so our goal is to make the process as smooth and financially affordable as possible.
What is an Uncontested Divorce in Illinois?
With the major divorce law changes that took effect January 1, you need an experienced Divorce Attorney to guide you through the entire process. Our final quote includes everything from initial consultation to final court dates. Call us or answer a few simple questions on our On-line Questionnaire to get your no obligation price quote.
You will receive an email from us with a full estimate of all fees and court costs needed to complete your divorce. The Law Offices of Kevin P. McCarty is a professional Family Law Firm dedicated to client satisfaction for over 40 years. Check out our Before You Visit Questionnaire to the right as a guide to the issues we must discuss to proceed with your affordable divorce. Then call to make an initial sit down appointment or we can email initial paperwork if you prefer.
After the balance is paid we will take all steps necessary to get your final divorce decree. Our aim is to provide quality legal service at an affordable price. Call us at or fill out our on-line questionnaire for a free price quote.
What Is an Uncontested Divorce in Illinois?
If you can agree on issues like child custody, child support, alimony or spousal support, the division of property, the division of debts, claims for reimbursement, and claims for breach of fiduciary duty outside of court, it will lower costs. If you cannot agree on issues, you will face a contested divorce which is typically more expensive.
In this approach, both parties hire attorneys, but everyone agrees to resolve issues without going to trial. Another cost saving option is a flat fee divorce. However, this option should only be taken under careful consideration, since most attorneys will limit the time spent on your case. This could be a problem should additional issues arise. If you decide to hire an attorney for your divorce, they will play a major role in what transpires and what the outcome will be.
A good family law attorney will pay close attention to the circumstances of your case and talk to you to decide what measures to take. They take on the responsibility of dividing debts and assets between both parties as well as setting terms for child custody and support if children are involved. Your attorney will conduct thorough research and gather evidence that supports the decisions around debts, assets, and support payments.
How to File for No Fault Divorce in Illinois - State Requirements and Documents
However, you do not always need an attorney in order to get divorced. As mentioned previously, you might use a mediator to help you resolve a divorce outside of court. Or, in the case of some uncontested divorces, you can complete the divorce using a divorce service online, without an attorney.
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Online divorce services can cost as little as a few hundred dollars. However, these services are not always advisable if you have a complicated situation. There are different types of divorce, some of which are more expensive than others. The cost in different cases varies just as much as the personal circumstances of the people getting divorced.
Talking to an experienced divorce attorney about your situation can help you get an idea of how much your divorce may cost.
Can I Get a Free Divorce in Illinois?
A contested divorce is where both parties do not agree on all the issues such as child support, a division of assets, etc. An uncontested divorce is simple; both parties agree on all of the aspects of the divorce child custody, property distribution, support payments, and everything else in between.
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Therefore, they do not need to go to trial. Mediation is a requirement in some jurisdictions. In this case, the couple is required to meet with a mediator prior to setting a trial date. Collaborative divorce takes place when both spouses hire lawyers who agree to resolve the issues without litigation.
A lawyer trained in collaborative divorce is usually needed for this case. Regardless of the type of divorce and whether or not you hire an attorney, you are still required to file a petition of dissolution of marriage with the clerk of the court in your county and pay the fees that go along with it.
These potential additional costs include:. Temporary orders may be entered by agreement or established at a contested hearing. If a contested hearing is necessary, both spouses will have the opportunity to present a limited amount of evidence to help the divorce court decide on how to rule on short-term issues. Temporary orders remain in effect until either the final divorce decree is entered or a party moves to modify and the judge grants that motion.
This may include income records, deeds or titles to property, account statements, credit card bills and other spending records, proposed witness lists and almost anything else that may relate to the financial, custody, and visitation issues in a divorce case. A divorce cases ends with either an agreed settlement or the case proceeding to trial in front of a judge and the judge rules on the contested issues.
An uncontested divorce offers a faster, less expensive option for the dissolving of your marriage.
If you and your spouse unquestionably agree about how you will deal with property and debt division, maintenance payments and child custody and support if applicable , your case will done quicker. Uncontested divorces often move more quickly through the courts than contested divorces, and you may also qualify for a flat fee instead of an hourly rate.