What is an uncontested divorce?
An uncontested divorce is one in which both parties are in agreement with each and every request in the Petition for Dissolution of Marriage. The Petition for Dissolution of Marriage is the initial filing with the Court that commences a divorce proceeding. Many parties believe they have an uncontested divorce, when in reality they only have an agreement on a few major issues. For a court to determine your case to be an uncontested divorce, all issues, both small and large, must be addressed.
If the parties have children, this includes schedules of parenting time, decision making for the children, transportation arrangements, vacation schedules, etc. All financial issues must also be in agreement. This includes, but is not limited to, the amount and duration of child support and maintenance (formerly known as alimony), allocation of marital property, including the marital residence, retirement accounts, bank accounts, and automobiles.
If both parties agree to all the settlement terms for both the financial issues and parenting issues, and certain procedural requirements have otherwise been met, the divorce may generally be concluded with a single appearance before the Court, called a prove-up hearing, where settlement documents, which have been signed by both parties, are approved by the Judge and the divorce is finalized.
If you are unsure whether your divorce will be considered an uncontested divorce by the Court, contact our experienced divorce lawyers. Our attorneys are available to meet either in person at our Lombard or Plainfield offices or on the phone at any time.