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Yorkville Uncontested Divorce Attorney-Flat Fee Attorneys

Divorce is a difficult time and resolving your divorce in a cost-effective manner is a wise

decision. An uncontested divorce is a divorce, which resolves the major issues in an amicable

way. Uncontested divorce means that the spouses can negotiate and resolve their major


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.


How is Spousal Support Calculated in Illinois

The divorce process can often be an emotionally draining, stressful, and trying time for all parties involved. One of the biggest concerns those going through a divorce have is how the divorce will impact their finances. This consists in paying spousal support (known as alimony or maintenance) to the ex-spouse.

What is Spousal Support?

Suppose a judge has determined that the circumstances of a divorce are appropriate to include spousal support. In that case, the judge will then order one ex-spouse to pay the other monthly payments, called spousal support, once the marriage has legally ended. In some instances, if there is a prenuptial or postnuptial agreement, the amount is determined through this agreement rather than by a judge.

What is the Purpose Behind Spousal Support?

A judge will typically order spousal support to be paid from one ex-spouse to the other to help the ex-spouse support themselves and live on their own following the divorce. Generally, people who are found to be able to work on their own are expected to find employment and support themselves. However, it is essential to note a judge is not required to order spousal support.


Yorkville Divorce Lawyer: Basics About the Divorce Process

Contested vs. Uncontested Divorce

In Illinois, an uncontested divorce is also known as a "dissolution of marriage." When both spouses agree to the significant vital terms of a divorce, and neither spouse challenges the divorce, the divorce is uncontested. The key terms in a divorce that must be agreed upon include, among others, the issues of property, debts, children, and spousal support (also known as alimony). Specifically, this includes topics like the division of marital property and marital debts, child custody and parenting schedule, child support and medical insurance coverage for any children, and custody of pets shared during the marriage.

Do I Need to Attend Court Hearings for My Uncontested Divorce?

The spouse petitioning the court for the divorce (by filing the paperwork with the county) must make an appearance at the final hearing with the court. However, only that spouse is required to attend, so long as the other spouse has agreed to and signed all relevant documents (including the Marital Settlement Agreement, discussed in depth below). At the final hearing, the petitioning spouse must testify to the terms of the Marital Settlement Agreement and the identity of both parties. Further, the judge or the other spouse's attorney, if they are assisted by one, can ask questions that ensure the terms of the Marital Settlement Agreement are clearly understood before they are officially finalized by a court order.

What is a Marital Settlement Agreement?

A Marital Settlement Agreement can go by many names. They are sometimes called Divorce Settlement Agreements, Separation Agreements or Separation and Property Settlement Agreements, Custody, Support, and Property Agreements, Mediated Separation Agreements, Collaborative Settlement Agreements, or Property Settlement Agreements. No matter the name used to refer to the agreement, the purpose of the deal is the same in that it is a written document that contains agreements made by both of the divorcing parties for the key divorce terms mentioned above (property, custody, alimony, etc.). This Agreement is significant because once it is signed, it becomes a legally binding contract and both divorcing spouses must follow the terms as they are written. Then, the Agreement will be included in the final divorce decree and become a binding court order. A party that later violates the order faces legal penalties and, for example, could be held in contempt of court.


Kendall County Child Support 101

This article summarizes Illinois Child Support. Child support guidelines determine child support in Yorkville and Kendall County. See 750 ILCS 5/505. The income shares model is the child support enacted legislation, effective on January 1, 2019. The child support model calculates total household net income and computes each parent’s percentage of combined net income. Based upon the household’s net income and each parent’s percentage of net income towards the total household income is how Kendall County Child Support is calculated now. 750 ILCS 5/505(1).

Illinois child support aims to make child support obligations more equitable between the custodian and non-custodial parent. Thus, both parents' income shall be considered, and a parent not working may have their income attributed, meaning the Court can establish a baseline net income for that parent. 

The Illinois Department of Healthcare and Family Services has developed a worksheet that created an Illinois policy for what Illinois considers an adequate amount of child support. In addition, here is the Illinois Department of Healthcare and Family Service's Child Support Calculator, designed to simplify the Illinois child support process for parents. See Child Support Estimator (

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