Can I Get a Divorce Without Ever Going to Court in Illinois?

 Posted on November 21, 2024 in Divorce

Divorce can be stressful, complicated, and most of all, time-consuming. The word "divorce" usually conjures up multiple dreary courtroom hearings and a lot of arguing. But not every dissolution of a marriage has to be a tedious experience.

Many of the issues that stretch out divorce proceedings — child custody, spousal support, division of assets — can be settled simply, between the spouses. Under the right circumstances, you may see very little or no time in a courtroom at all. A shrewd Illinois divorce lawyer at The Law Offices of Douglas B. Warlick & Associates can help you avoid common pitfalls during this process, advocating on your behalf and making sure that you have a voice in negotiations.

Contested vs. Uncontested Divorce

In most cases, whether a divorce will go to court or not depends on whether the divorce is contested or uncontested. In a contested divorce, the couple cannot reach an agreement about the terms of the divorce, and an outside party needs to step in. In Illinois, an uncontested divorce can be completed in as little as two months, but contested divorces can drag out to a year or more.

Of course, when important issues are weighed, a contested divorce is sometimes necessary. However, couples in that situation still have other options aside from moving ahead with a courtroom hearing.

Mediation for Couples

If the idea of a protracted courtroom battle in front of a judge sounds daunting to both you and your spouse, you might be interested in mediation as an alternative. This places the couple in a neutral space with an unbiased third party who can help them reach an agreement about the key issues preventing a smooth divorce.

A mediator is a trained professional who is there to facilitate communication between the two spouses, rather than make any sort of judgment call. As such, the onus is still on the spouses to compromise. Compared to litigating the matter in court, mediation is much less expensive, particularly because it often takes much less time to reach a resolution.

Finalizing the Divorce

Once both spouses have resolved any issues, a judge must approve the terms of the divorce. This requires an in-person appearance at their local circuit county court by one or both spouses, depending on the situation.

In an uncontested divorce, this may be the first and only time you will have to appear in court. Unless the settlement appears blatantly unfair to one party, a judge is unlikely to deny the terms a couple submits.

Speak with a Geneva, IL Divorce Attorney

A skilled Kane County, IL divorce lawyer can greatly simplify the process of getting a divorce outside of court, cutting down the time and labor for both spouses. Attorney Douglas B. Warlick has over 35 years of experience, with a history of navigating the complex challenges of family law. Mr. Warlick is also a mediator with a practical mindset, working with divorcing spouses to find a solution that does not require courtroom litigation. Call 630-232-9700 today to start working with a legal professional who will handle your concerns personally.