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.
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