Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

When is uncontested divorce not a realistic option?

When you and your spouse decide to get divorced, you have the option of filing either a contested or uncontested divorce. 

Because uncontested divorces require you and your partner to agree on all major aspects of your divorce, including how to divide your finances and your parenting time, judges see these filings less often than ones for traditional divorces. 

Items That Can Complicate a Divorce

Simply stated, an uncontested divorce is not a realistic option if both parties cannot reach an agreement on all major divorce-related issues. Divorces typically become more complicated when they involve 1) multiple children under the age of eighteen and 2) significant financial assets, especially if only one spouse has been working and providing for the family.

If you and your partner cannot agree on at least one of the following, uncontested divorce is probably not right for you:

  • How you intend to divide your physical property
  • How you intend to divide your debt 
  • Whether one party will pay alimony (spousal support), and the amount of alimony they will pay
  • Whether one party will pay child support
  • How you will divide the custody of your child(ren), if applicable

Contact Our Schaumburg Law Firm

Because divorces are such emotional matters, it’s normal for you and your partner to feel unable to reach a mutual agreement surrounding the specifics of your divorce. If you have questions about filing for an uncontested divorce in Schaumburg or need the advice of a seasoned family law attorney, we can help

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