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Legal Guidance

What are the pros and cons of an uncontested divorce?

On Behalf of | Nov 25, 2020 | divorce |

As a couple in Illinois, you may one day drift apart. If this happens to you, you can choose to amiably break ties through uncontested divorce.

Still, uncontested divorce has its pros and cons. It is up to you to determine which one outweighs the other.

What are the benefits?

Forbes discusses uncontested divorce as one of four traditional divorce alternatives. Your savings act as your biggest benefit. Uncontested divorces have lower attorney bills and allow you to significantly cut the costs of a court case.

Because protracted litigation often slows and complicates the case, an uncontested divorce can be resolved much faster than your contested counterparts. There are fewer chances for high-conflict situations that exacerbate both emotional and financial issues.

You also provide a smaller amount of personal information to the public. Your county will eventually have access to your divorce proceedings in public records. Uncontested divorces have less published information due to the limited amount of paperwork.

Finally, it gives you control. In traditional divorce, a judge makes the crucial decisions. Uncontested divorce allows you to make these choices on your own.

What are the drawbacks?

As far as disadvantages go, limited availability remains the biggest one. There are many situations in which couples do not qualify for uncontested divorce. Examples include:

  • A spouse refusing to agree to a divorce
  • Being unable to decide on central divorce issues like child support
  • Conflict over pets or property
  • Conflict over estates and assets

If you have large assets, disagreements over children issues or complex property arrangements, it might be necessary to go through court proceedings. Then the court decides the issues based on law and equity.