Although it is not required by law, it is advisable to consult with a family law attorney in any divorce, even if both parties are in agreement. A divorce with an agreement that is fair and equitable to all parties is more likely to be found acceptable by a Judge.
Uncontested does not Mean Uncomplicated
Experienced divorce attorneys in Illinois understand the complexities involved with settlement agreements and other required paperwork. To begin the process in Cook County, the parties filing the petition must complete the following:
- Domestic Relations Cover Sheet
- Petition for Dissolution of Marriage or Civil Union
- Summons
- Verification/Certification attesting to the truthfulness of the allegations in the petition
- Certificate of Dissolution
Illinois law allows married couples to file a petition for dissolution of marriage in their county of residence as long as they meet the ninety-day residency requirement. If neither party is contesting the divorce, there is no required separation period. Even uncontested divorces, however, involve complicated settlement agreements, financial disclosures, and equitable division of assets. If children are involved, the process becomes even more complicated.
How a Family Law Attorney Can Help
The most amicable decision to divorce can result in misunderstandings. Even in uncontested divorces emotions run high and rushing to sever a marital relationship without understanding all of the family law ramifications can be costlier than hiring an attorney.
A family law attorney will work to ensure that your uncontested divorce agreement satisfies the requirements of the law as well as your future needs. Working in the best interests of their clients, a lawyer can simplify the divorce process by providing guidance in the following:
Administrative Processing
Completing the required paperwork and court submissions accurately and in a timely fashion avoids delays in processing and wasted time.
Division of Assets and Support Payments
Disclosure and division of assets are key issues and often the most complicated aspects of divorce. Without guidance, couples sometimes neglect to consider important assets and income.
Advice
An experienced family law attorney can help the client to think clearly and past the emotions of the divorce so that there are no regrets later about the settlement.
Child Custody
Competing interests of parents may sometimes cloud custody issues. An attorney can help all parties remain focused on the best interests of the children.
Resolving Issues Saves Time and Money
By working to resolve all issues up front, a family law attorney can help avoid future complications and disagreements over the terms of the divorce or child custody. This saves time and money.