Every divorce has to deal with these four issues:
Payment or child and/or spousal support
Division of debt
Division of community and/or marital property
In the event that there are disputes between the two parties regarding these four points, the interested parties can settle the divorce outside of a trial using an uncontested divorce. Every couple that is seeking a divorce should consider working out mutual terms for the divorce without going to court. If there is an unresolved issue or dispute, couples will often go through arbitration and mediation with or without attorneys. This will save each party significant sums of money and time if they can bypass litigation.
Uncontested divorces also move quickly through the court and are much less expensive than contested divorces.
As opposed to contested divorces, uncontested divorces generally reduce hostility among each party and allow both of them to move on with their lives more quickly. Uncontested divorces are also quiet. While the agreements that the two parties make are a matter of public record, the disclosures that both parties make unto each other do not go on the public record, neither do any of the various proposals discussed during the course of reaching an agreement that is acceptable to both parties.
When Uncontested Divorce is Not Advisable
Uncontested divorce is ill-advised when there is a domestic abuse in the relationship. Victims of abuse are not in a position to negotiate with their abusers. The abused should seek out an advocate, like an attorney to help them navigate the divorce.
Uncontested divorces will not work if either parties do not desire to speak to each other. Sometimes, one person is bitter or upset about the impending divorce and retaliates by sabotaging the process. When this happens, uncontested divorce is a waste of time and money.
Uncontested divorces are also a bad idea if one or both parties are ignorant about the law and greedy. Uncontested divorces work well if one party or both are ignorant of the law but are reasonable as there is room for negotiation. Litigants who know the law, but are greedy can generally be reasoned with. But if one or both parties are ignorant and greedy, uncontested divorces can drag out for years.
If you are in need of legal representation in a contested or uncontested divorce in Chicago, contact the Law Offices of Maria Jaffe for experienced and compassionate help.