A couple considering the end of a marriage may be interested in understanding uncontested divorce proceedings. In a no-fault divorce, irreconcilable differences is generally cited as the basis for the action. In a fault divorce, a number of grounds for divorce may be cited, including issues such as adultery, physical or mental cruelty, drug addiction or conviction of a felony. In either type of situation, a divorce may be contested or uncontested. The most efficient option for moving through the court system quickly is a no-fault, uncontested case.
In order to begin the process, a Petition for Dissolution of Marriage must be filed, and the petition must be served to the other spouse. In an uncontested action, finalization of a divorce may take place during a short hearing, and only the individual petitioning needs to attend. The petitioner is required to have resided in the state for at least 90 days before filing for divorce. The action might be filed in the appropriate court for the county where either the petitioner or the respondent lives. A no-fault action may be granted if a couple has lived apart for at least two years. In an uncontested situation, the minimum time apart is only six months.
Although an uncontested divorce may seem like the simplest way to dissolve a marriage, a spouse who is concerned about support issues may choose to respond to a petition. The response must be filed with the court. A respondent must be provided with a reasonable opportunity to address concerns, and the court system requires that reasonable means be used in a good faith effort to inform a respondent of a petition.
An individual who is served with a summons for a divorce may want to discuss the implications and options with an attorney. If that person wishes to contest the action, an attorney may provide assistance with filing the necessary response.
Source: DivorceSupport.com, “Illinois Uncontested Divorce“, September 15, 2014
