What is an Uncontested Divorce in Oswego, Illinois?

 Posted on March 11, 2023 in Divorce and Family Law

Oswego Uncontested Divorce Lawyer: What is an Uncontested Divorce? 

What is an Uncontested Divorce?

If both spouses agree on all the significant matters concerning the divorce, they may obtain an uncontested divorce. Important issues in divorce include the division of assets, child custody and support, and spousal support.

Benefits of an Uncontested Divorce: Saving Time, Money, and Emotions

An uncontested divorce is the best-case scenario for two spouses seeking a divorce for several reasons. Not only does an uncontested divorce save the parties money in attorney and court fees, but it also minimizes the emotional stress on the entire family that results from obtaining a divorce because the process is taken care of as quickly and amicably as possible.

Uncontested divorces take much less time than traditional divorces because a conventional divorce is a long, drawn-out process. The longer this process takes, the more emotional burden is put on the former spouses and their families. In addition, a traditional divorce requires both opposing sides to go through a full court case. This includes service of process (hiring a professional to service the opposing party with a court summons at their home), production of documents by the parties, and both parties being required to meet strict deadlines. As a result, attorney fees, court costs, and outside fees for obtaining the necessary documents quickly add up and lead to a heavy financial burden. It is common for a traditional middle-class couple's divorce case to cost the parties tens of thousands of dollars.

In most cases, an uncontested divorce can be completed within just a few months, if not even quicker. At Gateville Law Firm, instead of billing by the hour like a traditional divorce attorney, we charge a simple flat fee for uncontested divorces. At Gateville Law Firm, we turn away from maximizing our profits, and instead seek to produce a win-win compromise. Our goal is to make the most efficient and cost-effective result for our clients in the most amicable way possible.

Why is Gateville Law Firm the Best Option for My Uncontested Divorce in Oswego?

At Gateville Law Firm, our ultimate goal is to get the best result for our clients, in consideration of the objectives of both parties. We want to produce a win-win result and make the divorce process as simple, quick, and cost-effective as possible. By working with our firm, you can expect the following benefits:

• Resolution to your divorce in approximately 30-days,
• Win-win compromises that produce similar results as a traditional divorce, but in much less time and cost,
• Experienced former family and divorce attorney consultation,
• A fixed, flat fee that relieves stress on your financials,
• Using our strong real estate background to address any of your real estate concerns relating to your divorce,
• In the event of a dispute between parties, we will work to minimize the issues and thus only present a judge with a few issues,
• Ensure the quickest possible process to relieve emotional stress and avoid years of counseling and therapy that result from the deep conflict of a drawn-out divorce, and
• Assure no judgments against you for legal fees filed by your attorney.

Experienced Yorkville Divorce Attorneys Serving Kendall County & Nearby Areas

Gateville Law Firm has a successful track record after years of experience in family law and divorce cases. Our firm has a strong focus on uncontested divorces and simple divorces. We are trained to assist spouses in negotiating a fair and reasonable martial settlement agreement, avoiding unnecessary conflict. Unlike traditional divorce lawyers, our goal is to help the parties resolve their differences amicably and protect both spouses' rights. This is great for our clients as it is the best way to keep your costs as low as possible and make the divorce process as quick as possible. Further, having an uncontested divorce is a win-win for both spouses and preserves the ability of both parents to be loving and caring. Therefore, our goal parallels your goal, and we are happy to mediate between you and your spouse.

What is the Process of Obtaining an Uncontested Divorce with Gateville Law Firm?

There are three main steps involved in an uncontested divorce.

Step 1: Drafting of your Marital Settlement Agreement

What is a Marital Settlement Agreement 

A marital settlement agreement is a written document, signed by both spouses, that contains agreements concerning the practical divorce terms mentioned above (property, custody, alimony, etc.). Once a marriage settlement agreement is signed, it becomes legally binding. The contract is included in your final divorce decree issued by the judge. At that point, the deal is a court order that states that both parties are required to follow the terms of the agreement as they are written, and if a party fails to do so, they can face specific legal penalties, including being held in contempt of court.

Calculating Alimony

Calculating spousal maintenance (alimony) can be tricky for the inexperienced because it involves many factors that are unique to each couple's situation. For that reason, we are happy to assist you with that calculation. Further, we are willing to meet with both spouses to resolve differences and produce a compromise.

Step 2: Petition for Dissolution of Marriage

After the marital settlement agreement is drafted, your attorney will begin your divorce case by filing a Petition for Dissolution of Marriage in the appropriate court. A Petition for Dissolution of Marriage is a legal document that sets forth specific facts about your case. These facts include the following: the date of the marriage, reason for divorce (commonly listed as irreconcilable differences), number of and ages of any children, appropriateness of jurisdiction (legal term, meaning that this specific court has the power to hear this particular case), and how the parties want to resolve the case concerning spousal maintenance, property division, and child support (or custody issues).

Step 3: Judgment for Dissolution of Marriage

At the end of your divorce case, a judge will issue an order called a Judgment for the Dissolution of the Marriage. A Judgement for Dissolution of Marriage will include the key terms agreed to in the marital settlement agreement and allocation judgment. In addition, the allocation judgment describes the roles and responsibilities of the parental decision-making process involving minor children.

How Do I Know if I Am a Good Candidate for an Uncontested Divorce?

Each couple's situation is different; there is no one-size-fits-all regarding divorce because of the many factors that lead to the final decisions. Our divorce attorneys are happy to discuss your situation to determine the best route for your divorce. In general, couples that are best suited for an uncontested divorce include: couples with no spousal support or maintenance (nor children), spouses with adult children, short-term marriages with minimal assets and desire shared custody, spouses that agree on the most issues and can reasonably negotiate their differences, and spouses that have spousal support issues and can co-parent in the best interest of children.

Experienced and Reliable Uncontested Oswego Divorce Lawyer

Simply by their nature, many divorces cause emotional and financial distress to a family. At Gateville Law Firm, we aim to reduce those stressors as much as possible for our clients. One way we can do that is by helping our clients obtain their divorces amicably, quickly, and cost-effectively by uncontested divorce.

We charge flat-fee legal fees in an uncontested divorce and assist couples in resolving their differences and producing uncontested finalized divorces. A finalized divorce minimizes emotional harm to children and promotes an amicable divorce process. Call us today to set up your free initial legal consultation and get more information about our flat fee. Going through a divorce is stressful enough. It would help if you had an attorney with goals willing to advocate for your interests. Attorney Sean Robertson is available at 630-780-1034 or through an online contact form on our website.