Elgin Uncontested Divorce Attorney

An uncontested divorce is one in which you and your spouse reach an agreement on all issues that need to be resolved in your divorce, including child custody and visitation, child support, alimony and the equitable distribution of marital property. It is usually in your best interests to reach an agreement with your spouse rather than to litigate these issues in court. In most cases, the only people who benefit from a contested divorce are the attorneys.

At the Law Office of James P. Leahy in Elgin, Illinois, I offer a free initial consultation to answer your questions about divorce. I offer flat-fee divorce services for couples who agree to have an uncontested divorce. I also handle litigated divorces if you and your spouse are not able to reach an agreement.

Negotiating a Divorce Settlement

Divorce does not have to be an adversarial process. You and your spouse know your own circumstances better than anyone. If you can work out parenting and financial issues with your spouse, you will usually be better off than letting a court decide.

  • If you and your spouse can agree to a division of marital assets that gives each side the assets they most want to have. A judge is more likely to use a meat-ax approach and cut everything in half.
  • You and your spouse can work out a creative child custody and visitation agreement. A court is more likely to order a standard visitation agreement, which awards one parent primary custody and gives the other parent visitation rights every other weekend, one night during the week, alternate holidays and an extended period of time during the summer.

Illinois is a no-fault divorce state, so there is no reason to begin your divorce in an adversarial mode. If you and your spouse can reach a negotiated agreement, you can start your new life without the residual animosity that can result from the adversarial process of divorce. An uncontested divorce is better for your children too. If you need to make adjustments and concessions to your parenting plan in the future, you are more likely to be able to do so without having to go back to court to obtain a modification.

How Long Does It Take to Get an Uncontested Divorce?

If both sides are willing to cooperate and come to court when necessary, you can obtain an uncontested divorce in about a month.

Contested divorces usually take six months and up, and are far more expensive than uncontested divorce.

Contact an Illinois Lawyer for Filing Uncontested Divorce

I offer a free initial consultation to new clients. To speak to an Elgin uncontested divorce lawyer, contact me by e-mail or call my office at 847-348-8692 (toll free at 888-596-0289).