Why You Should Consider Hiring a Lawyer for an Uncontested Divorce

 Posted on March 16, 2023 in Divorce

Many divorces in Illinois and all across the United States are contested divorces, but there are also cases in which spouses agree on the issues surrounding their separation, making an uncontested divorce possible. While nobody is ever required to retain legal counsel for a divorce case in Illinois, people should be extremely hesitant to handle a divorce case on their own because the average person could make several mistakes that end up being very costly to correct later.

Even if you and your spouse plan to reach an out-of-court agreement, from having an attorney review any proposed agreement will ensure that it is fair. Should any issues arise relating to child support, alimony (spousal support), or division of marital debts, mediation can be a common avenue for most spouses to resolve their issues but you will still want to have a lawyer assisting you.

Common Problems with Uncontested Divorces

Many married couples going through uncontested divorces may turn to legal DIY websites for help creating the agreements they will present to the court, but such websites can be a risky proposition because they rarely inquire about the types of information that can have a dramatic impact on a divorce case. 

An uncontested divorce often has the potential to last far shorter than the contested divorce, with the latter only taking a couple months while the former can stretch out for several years. With an uncontested divorce, a person may be taking a risk when they do not have their legal paperwork professionally reviewed, as errors on these documents are incredibly common and it can be difficult to correct the issues later.

Many divorces can also have major tax consequences for a spouse, and people who do not consider these issues before filing for divorce can learn later that there will be some very damaging consequences. Divorcing sposues may also fail to make changes to their estate planning documents such as wills or trusts that reflect their newly divorced status.

There can also be many situations in which spouses will make oral agreements about their divorce, and oral agreements can be very difficult for a court to enforce. 

Contact our Chicago Divorce Lawyer

If you believe that you might have an uncontested divorce case in Illinois, you are still going to want to be sure that everything is being properly handled in your case. Cook County divorce attorney Curtis Ross can provide legal guidance so you can fully understand everything that you will be agreeing to in your settlement and how your life will be impacted. 

We will work very closely with you and make sure that you always understand what your rights are. You can call 312-984-1514 or contact us online to schedule a consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000