Should I Consider an Uncontested Divorce Process?

If you and your spouse are either considering a split or have already decided that divorce is the healthiest option for you, it might benefit you to take some time to consider the approach you may ultimately wish to take in regards to your divorce process. There are two primary approaches couples can take when getting a divorce —  contested or uncontested. Contested divorce tends to make sense when the spouses involved are grappling with fundamental differences concerning property division or child custody. Uncontested divorce tends to make sense when the spouses involved are not burdened by fundamental differences. This distinction is not always so neatly defined, though.

If you are contemplating or moving forward in filing for divorce, please consider scheduling a consultation with our divorce law attorney in Lake Forest, IL, today. Once we learn about your specific goals and priorities, we will be able to discuss the pros and cons of contested and uncontested approaches with you. When you have determined which general approach will best fit your situation, we can begin to discuss how to achieve the end result. There are many potential ways to navigate both contested and uncontested processes.

What Are Your Goals?

In the strictest sense, the uncontested divorce process is only available to couples who have not been together for a long time, who have no shared minor children, and who agree on every element of their property division agreement. In recent years the term “uncontested divorce” has come to mean any divorce process that does not require judicial intervention before it can be fully resolved. In a broader sense, uncontested divorce may be resolved through mediation or attorney-led negotiation. When a couple has come to a consensus about their property division agreement (and their child custody agreement, if applicable), a judge will only need to approve of the terms, rather than resolve any disputes remaining between the parties.

Uncontested approaches to divorce are attractive because they are generally less time-consuming, less expensive, and less stressful than traditional courtroom contested approaches. Uncontested divorces do not serve the needs of every couple, though. If fundamental disagreements between spouses exist, a judge may need to intervene in the case and that is certainly okay.

Divorce Guidance Is Available

There is no “one size fits all” approach to divorce. As a result, it is important to seek legal guidance and to spend time thinking about the approach that may serve your needs best. Whether you are hoping to resolve your divorce quickly and amicably, or you are preparing for a divorce process that will likely be complex, please consider connecting with our firm as early in the process as possible. As soon as we know the details of your situation we will be able to advise you of your legal options and explain our approach to representation. Once you have decided what the healthiest decision will be for you and your family, a lawyer will be happy to provide you with legal support and direct you toward resources that may be relevant to you during this transition period. 

Thanks to Hurst, Robin, & Kay, LLC for their insight into the uncontested divorce process.