Uncontested Divorce? Uncontested Legal Separation? Do You Qualify?

 Posted on January 12, 2016 in Divorce

By Maxine Weiss Kunz

Is an uncontested divorce something you and your husband or wife can agree upon? Do you and your wife or husband agree that your marriage is broken? Do you and your spouse agree on how to divide your estate? Do you and your partner agree on how to divide all assets and debts? Do you and the parent of your child agree on how to raise your child(ren)? If yes, then uncontested divorce will save you a lot of stress, and a lot of time and money.

An uncontested divorce or an uncontested legal separation is an option when you and your partner/spouse/other parent agree on all terms that would otherwise be decided upon if you had to take these issues to a judge. Some examples of areas to agree upon in order to be considered uncontested are as follows:

• Time each parent will spend with a child or children;
• How to divide all bank accounts;
• How to divide all retirement assets;
• Medical decision making as it relates to your child or children;
• How to allocate all debts acquired during your marriage or partnership;
• How to pay for expenses of your children;
• Whether your child or children should be enrolled in certain activities, sports, religious activities and the like;
• If one or both of you will claim a child or children on taxes after the divorce or legal separation;
• Whether you will file joint tax returns for any year you are still married as of 12/31 that year;
• If attorneys are involved, whether you will pay for attorney fees jointly or unilaterally;
• Whether a party/spouse/parent will receive child support;
• Whether your husband or wife will receive maintenance (also known as alimony or spousal support);
• If you agree on whether to raise your child in a certain religion;
• Whether real estate will be sold or retained with a buy out or other options;
• Payment of health, life and other insurance policies;
• Contribution to college expenses, if applicable;
• And, any other issue related to your divorce or legal separation.

The law firm of Weiss-Kunz & Oliver, LLC offers flat-fee packages for uncontested divorces or legal separations that  start considerably low. Each case is unique and will be reviewed on the merits. If you think that your matter is uncontested, then you should talk to a lawyer about filing an uncontested divorce or legal separation or division of civil union. The right representative will ensure that your case stays uncontested and not go out of their way to cause you unnecessary fees or costs. Contact our Skokie, IL divorce lawyers with offices in downtown Chicago, Lincolnwood, and Elmhurst by calling 312-605-4041.