Uncontested Divorce in Illinois
A couple that desires to end a marriage has the option of pursuing an uncontested divorce in Illinois. Illinois law sets forth a specific procedure through which a couple can terminate a marriage in a shorter amount of time and with a minimum amount of "red tape."
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Petition for Dissolution of Marriage
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The process of pursuing an uncontested divorce in Illinois commences with the filing of a petition for dissolution of marriage. A standard petition for dissolution of marriage form is available from the circuit court clerk's office, online and in the brick and mortar world.
Considerations
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Your spouse files what is called a "voluntary entry of appearance" in an uncontested divorce case. The voluntary entry of appearance advises the court that the sheriff does not need to serve divorce papers on her as she agrees with the divorce action.
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Marital Settlement Agreement
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Both parties prepare a joint marital settlement agreement. The document need not be complicated and sets forth the agreement between the parties as to all issues surrounding the divorce. These issues include dividing property and debt, child custody and support and any other matters pertaining to the end of the marriage.
Simplified Dissolution of Marriage
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Another uncontested divorce option in Illinois available in limited situations is a simplified dissolution of marriage. A simplified dissolution of marriage is available if the parties have no children, assets valued at less than $10,000 and combined income of less than $35,000 (with neither spouse earning more than $20,000).
Warning
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Although a couple has the legal right to pursue a divorce without legal representation, even an uncontested divorce can include complicated issues. Parties to a divorce can be best served with experienced lawyers.
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References
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