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Is an uncontested divorce the right choice for me?

An uncontested divorce is typically an advantage for divorcing couples who can qualify for one. However, such a divorce is not right for all situations, especially complicated situations. For example, if there is a major and potentially unresolvable disagreement over a piece of marital property, then Illinois couples may want consider of types of divorce resolution and mediation strategies.

Couples who have children, possible disagreements over spousal support and complicated property arrangements may wish to consider whether an uncontested divorce is right for them -- even if it looks like potential areas of disagreement may soon be resolved. Child custody agreements, child support determinations and property distributions can be complicated matters to navigate even when couples are ready to come to agreement. Also, in some states, couples with children cannot even apply for an uncontested divorce.

When multiple bank accounts, investment accounts, real estate properties and children are involved, there are a lot of elements that must be examined before proper arrangements can be agreed to and determined. In some cases, accountants, property appraisers and even child psychologists are best used before solidifying a divorce agreement in order to ensure that both parents are being fairly treated under the law.

In order to determine if the issues involved in your divorce are simply too complex for you to wisely proceed with an uncontested divorce, it is best to speak with a legal professional who can evaluate your specific situation. An experienced family law attorney will know what issues need to be addressed in your specific case given your family circumstances. An attorney will also be able to provide counsel on the benefits verses potential setbacks of moving ahead with uncontested divorce proceedings.

Source: FindLaw, "Uncontested divorce" Dec. 18, 2014

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Goddard & Malmquist
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