Law Offices of Robert M. Kaplan, P.C.

Schaumburg Family Law Attorney

1535 W Schaumburg Rd, #204, Schaumburg, IL 60194

Law Offices of Robert M. Kaplan, P.C. > Legal Services > Uncontested Divorce

If you and your spouse have reached agreements on all issues surrounding your divorce, Robert M. Kaplan can help you move forward with an uncontested divorce.

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Keep Your Divorce Simple and Straightforward

File Uncontested

Uncontested Divorce Lawyer Schaumburg

Schaumburg Simple Divorce Attorney Divorces are often complex matters, but sometimes, both parties in a divorce can want a similar outcome for themselves and their family. In these cases with less animosity and fewer problems to resolve, the couple can choose to file a simpler, less expensive type of divorce.

Have you and your spouse reached an agreement on all of the issues in your divorce, such as who your children will live with and how you will divide your assets? If so, you can move forward with an uncontested divorce. Even though filing an uncontested divorce is much simpler than filing a contested one, you will have an easier time navigating the process with the help of an experienced attorney like Mr. Robert M. Kaplan.

Why Need an Attorney for an Uncontested Divorce?

Going through a divorce, even an uncontested one, can feel overwhelming. There’s a lot to think about: dividing assets, figuring out custody arrangements, and making sure all the paperwork is handled correctly. While uncontested divorces tend to be simpler because both parties agree on the terms, that doesn’t mean you should go through the process alone. Hiring an attorney for your uncontested divorce can make the experience smoother, faster, and far less stressful. Here’s how an attorney in Schaumburg can help make a difficult time just a little bit easier.

Ensures Accuracy and Completeness of Legal Documents

Even in an uncontested divorce, there’s a significant amount of paperwork involved. An attorney ensures all documents are accurately completed and comply with local laws, preventing delays or complications during court processing. Their expertise helps you avoid costly mistakes that could cause issues later.

Provides Clarity and Protects Your Interests

Divorce agreements involve decisions about property division, child custody, spousal support, and more. An attorney helps ensure the terms of your divorce are clear, legally sound and fair to both parties. They can also spot potential oversights or unintended consequences that could affect your rights or obligations in the future.

Streamlines the Process and Reduces Stress

Even in amicable situations, divorce can be overwhelming and emotionally taxing. Hiring an attorney streamlines the process and helps guide you through the legal system with precision and ease. They can handle the complex aspects of your case so you can focus on moving forward without unnecessary stress or confusion.

Frequently Asked Questions

When is uncontested divorce not a realistic option?

When you and your spouse decide to get divorced, you have the option of filing either a contested or uncontested divorce.

Because uncontested divorces require you and your partner to agree on all major aspects of your divorce, including how to divide your finances and your parenting time, judges see these filings less often than ones for traditional divorces.

Items That Can Complicate a Divorce

Simply stated, an uncontested divorce is not a realistic option if both parties cannot reach an agreement on all major divorce-related issues. Divorces typically become more complicated when they involve 1) multiple children under the age of eighteen and 2) significant financial assets, especially if only one spouse has been working and providing for the family.

If you and your partner cannot agree on at least one of the following, uncontested divorce is probably not right for you:

How you intend to divide your physical property
How you intend to divide your debt
Whether one party will pay alimony (spousal support), and the amount of alimony they will pay
Whether one party will pay child support
How you will divide the custody of your child(ren), if applicable

Contact Our Schaumburg Law Firm

Because divorces are such emotional matters, it’s normal for you and your partner to feel unable to reach a mutual agreement surrounding the specifics of your divorce. If you have questions about filing for an uncontested divorce in Schaumburg or need the advice of a seasoned family law attorney, we can help.

Is there a difference between a joint petition and uncontested divorce?

When it comes to divorce proceedings, it's important to understand the distinction between a joint petition and an uncontested divorce. While these terms are often used interchangeably, they have different meanings and implications. However, in both cases, the goal is to achieve a smooth and efficient divorce process that respects the interests and rights of both parties.

Joint Petitions in Schaumburg, IL

A joint petition refers to a situation where both spouses file for divorce together. It’s a mutual agreement to end the marriage, and both parties are actively involved in the process.

By filing a joint petition, spouses can save time and money by working together to resolve key issues such as property division, child custody, and spousal support. This collaborative approach allows couples to maintain control over the outcome, rather than leaving decisions solely in the judge’s hands.

Uncontested Divorce in Illinois

On the other hand, an uncontested divorce is when one spouse files for divorce, and the other spouse doesn’t contest the terms of the divorce. In an uncontested divorce, both parties have reached an agreement on all matters related to the dissolution of their marriage, including property division, child custody, visitation, and support. By agreeing on these terms, couples can streamline the divorce process and avoid lengthy and contentious court battles.

Are You Considering Divorce in Schaumburg?

If you’re considering divorce in Schaumburg, it’s crucial to seek the guidance of an experienced divorce attorney like Robert M. Kaplan who can provide you with the necessary legal advice and representation.

A divorce attorney can help you assess your unique situation and guide you through the legal process, while ensuring your rights are protected and the terms of your divorce are fair and equitable.

Contact our law office in Schaumburg to schedule a consultation! Our team can provide you with the support and expertise you need to navigate the complexities of divorce and make informed decisions that are in your best interest.

What do I need to file a divorce in Illinois?

In Illinois, divorce is referred to as “dissolution of marriage” and you and your spouse must have lived in Illinois for at least 90 days.

How to File a No-Fault Divorce in Schaumburg

To file a no-fault divorce, essentially stating that you cannot get along anymore, you must have lived in Illinois for at least 90 days and lived separately for a specific length of time, usually six months if you both agree on the no-fault divorce.

Grounds for a Fault-Based Divorce

If you wish to file a fault-based divorce, Illinois recognizes a number of grounds for fault-based divorce:

Adultery
Bigamy
Giving the other a sexually transmitted disease
Attempted murder
Cruelty (physical or mental)
Felony conviction
Abandonment
Addiction to drugs
Habitual drunkenness
Impotence

If you have no children and no assets, you will need to fill out the financial disclosures for the court anyway to determine debt division, if any, and for the court records. Once each party agrees to the accuracy of the disclosures and any division of debt or property, the magistrate will review and approve the financial division of property.

If you do not have children, you will not need to file any child custody-related paperwork.

Call Our Cook County Law Firm

Even if you have no assets and no children, legal counsel is still important to ensure that you are receiving a fair settlement in your divorce.

What is the difference between a divorce and legal separation?

A divorce legally ends a marriage, allowing both parties to remarry and leading to the division of assets, debts, and decisions on alimony and child custody based on Illinois state laws.

Legal separation, on the other hand, does not end the marriage. It allows couples to live apart and divide their assets and responsibilities while remaining legally married. Legal separation can be beneficial for those with moral or religious reasons for avoiding divorce or for couples needing to retain certain marital benefits, such as health insurance coverage, which would end upon divorce.

In Schaumburg, legal separation can also serve as a non-final step that gives couples time to resolve personal and financial issues before deciding if they want to proceed with a divorce.

Ready to Call Our Schaumburg Divorce Attorneys?

While both options legally address asset division and responsibility for debts, the choice between divorce and legal separation depends on the couple's long-term objectives regarding their marital status and their personal and financial circumstances. Call our Schaumburg attorney today to learn more or schedule a consultation with our team. We look forward to guiding you through this process!

We welcome clients from all surrounding areas, and we're available at (847) 845-9477.

The Benefits Of An Uncontested Divorce

While working with your spouse to make decisions about your divorce can be stressful, it is likely much less stressful than fighting about them— and it is certainly less costly. After all, who is better equipped to know what a fair settlement between you and your spouse is than you and your spouse?

If you can reach agreements on your own, we are ready to represent you in preparing the required documents to get your divorce completed quickly and economically.

When you choose to file an uncontested divorce, you get to skip many of the necessary court appearances and avoid filling out much of the cumbersome paperwork that comes with situations where spouses cannot agree on terms. Uncontested divorces typically resolve much faster than contested ones, which means you'll spend less time, money, and emotion going through the motions of attending divorce court and have more energy leftover to begin the next chapter of your life.

We always encourage uncontested divorce as the best-case scenario for spouses who can still work together in a productive manner.

Meet Our Attorney:

Robert M. Kaplan

Attorney Robert M. Kaplan is dedicated to assisting clients with family law, real estate law, bankruptcy law, estate planning, and probate matters. After receiving a degree in law from The University of Florida College of Law in Gainesville, and working as a Public Defender in Miami, FL, Attorney Kaplan made the move to Illinois to start his own practice in 1991.

Over 34 Years of Legal Experience

Robert has been engaged in the practice of law for over 34 years and is licensed in both Illinois and Florida, ...

The Agreements That Need to be Made

In order for your divorce to be considered uncontested, you must agree on all relevant issues in your divorce, including:

Division of property
Parenting time
Child support
Spousal support

If there is even one issue, no matter how minor, that you and your spouse do not see eye to eye on, your case is not considered an uncontested divorce. At this point, you will need to work with your Schaumburg divorce attorney to help you file for a traditional divorce in the state of Illinois.

Featured Blog Posts - Uncontested Divorce

August 24, 2018

What Is an Uncontested Divorce?

If you are going through a divorce, you know that the process can be a difficult and emotional time for the parties involved.

While there may be no way to eliminate pain and sensitive feelings from divorces, many couples can streamline the process and cut down on costs by agreeing to an uncontested divorce. Read on to learn more about this type of divorce and how it can provide an alternative to long, expensive divorce proceedings.

What Does the Term “Uncontested Divorce” Mean?

Uncontested divorces are divorces in which both spouses agree upon the terms of all issues relating to their divorce. Uncontested divorces are in direct contrast with contested divorces, where ...

Divorce Law: A Definition

Divorce is never easy. And when divorce signals the end of a marriage, that usually means the beginning of many questions.

You don’t have to navigate this emotional and stressful time all on your own. Call an expert divorce lawyer in Schaumburg, IL, not only to make the process easier but to ensure it ends fairly for you and your children.

An Uncontested Divorce in Schaumburg, IL

There are two types of divorce. In law, we refer to the first as an uncontested divorce. It means that both parties agree that ...

When An Uncontested Divorce Becomes Contested

Uncontested Divorce in Schaumburg It is not unusual for a couple to start the divorce process with the best of intentions. On the surface, it may seem as though they agree on everything.

Somewhere along the way, however, a dispute often arises, and an uncontested divorce may become contested. Thankfully, if you have chosen our law firm, you will have an experienced trial lawyer on your side who can handle even the most highly contested case.

If you still have questions about your divorce, we can help. Call us today at (847) 845-9477 to schedule your free initial consultation with Mr. Robert M. Kaplan!

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