Uncontested Divorce: A Reasonable Alternative

 Posted on August 10, 2015 in Divorce

In today’s cultural landscape, it is not uncommon for a couple to reach a mutual agreement that their marriage is over. Despite the best intentions for a life together and numerous attempts to repair the relationship, sometimes, the well-being of both spouses is best served by ending the marriage. For those couples who are able to identify such a reality, an uncontested divorce may provide an avenue for marital dissolution without the stress and acrimony often associated with the process.

Necessary Considerations

To make an uncontested divorce possible, both parties must be fully invested in cooperating with one another. Virtually every element of the divorce agreement must be decided upon prior to petitioning for divorce. As such, the spouses must negotiate arrangements for the division of financial accounts, possessions, and real estate, spousal maintenance, child custody, visitation, and support, pets, business interests, and taxes. While such considerations may be daunting, a couple retains full control over the outcome in the context of an uncontested divorce.

An Attorney’s Role

While it may be tempting to simplify a divorce even further by proceeding without a lawyer, doing so is not advisable in most situations. A couple with no children, very little marital property, and a relatively low combined income may be able to complete a divorce without legal counsel, but an attorney can help streamline the process and ensure all necessary factors have been addressed. Couples with more complex family and property concerns should definitely consult with a lawyer, even if no problems are expected.

It is important to realize that, even in an uncontested divorce, a single attorney cannot formally represent both spouses. Instead, one spouse will often retain the attorney’s services to draft and review all of the necessary documentation. With no real points of contention, a second attorney is not usually required, and in many cases, the drafting attorney’s responsibilities are completed by the time the petition is filed.

If you and your spouse have reached the point in your marriage where divorce is likely, consider a lower-stress alternative to traditionally litigated divorce. Doug Warlick is an experienced divorce attorney in Geneva, Illinois, who understands how uncontested divorce can help couples move forward with their lives quickly, and without unnecessary difficulty. Contact our office today by calling 630-232-9700 to schedule a consultation.