Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Illinois is a No-Fault or Uncontested Divorce state. That means, regardless of whether you live in a place like Chicago or any other city within the State, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault Divorce without legal counsel.
Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, and after a period of six months legal separation, the time may be right for you and your spouse to seriously look at an Uncontested Divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget the reason you are getting a divorce. In this case, the reason for getting the divorce is what one or both of you might think is what caused the divorce. If the differences cannot be overcome, the reasons only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you stand a reasonable chance of successfully obtaining a friendly divorce.
When both of you resolve to avoid accusations, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time. If you can come to a friendly agreement on these three subjects, the rest of a No-Fault and friendly divorce can be as easy as placing the information you have gathered together on state documents entitled Petition of Dissolution of Marriage and Marital Settlement Agreement, signing the documents, and filing them with your local Court of Jurisdiction. Depending on the Court of jurisdiction, other documents might have to be filled out and signed by both parties. Once the Court has had time to review the documents, a Decree For Divorce can be granted, and the divorce is final.
A No-Fault or friendly divorce is not for everyone. Sometimes, two people cannot get by their shock, hurt, or anger, or agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us at www.divorceattorneyhome.com, and we will help you find a divorce attorney who has the legal expertise, the experience it takes to give good counsel, and the compassion to understand your situation.