You and your spouse want a divorce. Things are just not working out. How can you get an Uncontested Divorce in Illinois?
1. If you have children, you will first and foremost need to decide how you will make the big decisions concerning your kids. Will you share decision making on your kids’ education and medical care or will one of you make the final call? How are you going to decide your kids’ religious upbringing and the extra-curricular activities that they will be involved in? In most uncontested divorces, these are all mutual decisions but there are special circumstances. Maybe one of you works in the medical field. You may be able to agree that that parent should have the final say when it comes to medical matters. Maybe one of you is an educator. You may agree that that parent should have the final say in educational matters but in the vast majority of uncontested divorces most divorcing parents agree to joint decision making.
2. You will next need to decide on a Parenting Plan. Your Parenting Plan will state the week to week schedule with the kids and how you are going to deal with holidays. Your Parenting Plan will need to state which address you are going to use for school registration. The Parenting Plan should also address how the children are transported between the two homes as well. You can decide how many holidays to include and whether you are going to split the holidays or alternate year to year. Keep in mind that the regular schedule and the holiday schedule should be what is in the best interest of your children.
3. Once the parenting issues are agreed upon, your attorney draws up that Agreement which is called an Allocation Judgment and Parenting Plan in Illinois.
4. The Financial Issues are addressed in the Marital Settlement Agreement. Will there be Spousal Support or Maintenance? If you are both working and making approximately the same amount of money or you have enough assets that you don’t need that extra support post divorce, you may well both agree to waive Spousal Support and Maintenance. The Marital Settlement Agreement must also address whether there is going to be child support. Child support is determined by your relative incomes and it is also affected by whether you share parenting time 50/50.
5. The Marital Settlement Agreement must also divide your property such as your house or condo, bank accounts, stocks and retirement accounts. Whether you alternate tax deductions related to the children is in in that Agreement.
These are just the highlights of what is needed for an Uncontested Divorce. We at Gabrielle S. Davis, PC would be happy to assist you in obtaining the Uncontested Divorce you need.