Uncontested Divorce: 5 Myths

Uncontested divorce in DuPage County, Illinois can be quick. As an lawyer offering affordable representation for uncontested divorces in Illinois, I get a lot of calls from people who hear things from friends and family, and lawyers who don’t practice in family law. That’s why I wanted to put together this list of the 5 myths of uncontested divorce.

Myth 1: One lawyer can represent both spouses

Even if a divorce starts out as uncontested, something could go wrong. If a lawyer is representing both spouses in a an uncontested divorce, then fighting starts, who will the lawyer represent then? That’s a problem, right? And that’s why a lawyer should NEVER represent both parties in a dispute.

Also, a lawyer cannot give legal advice to two opposing parties. 

Myth 2: Adultery prevents uncontested divorce

Many people think an uncontested divorce is impossible just because a marriage involved infidelity. It’s not true. If you want to worry about infidelity in your marriage, you should go to marriage counseling. If you want a quick and affordable divorce in DuPage County, you should get an uncontested divorce.

Myth 3: We need to live separately for 2 years to get divorce

Yes, in Illinois there is a “waiting period” for getting divorced with “irreconcilable differences” as the grounds (the basis) for the divorce. However, that 2 year period can be waived by both parties so that the waiting period can be 6 months instead of 2 years.

The “waiting period” refers to the period staring with when the spouses began living “separate and apart” and ends with the divorce being finalized in court.

The good news is that spouses can be considered to live “separate and apart” even while still living in the same residence. Essentially, this means that the spouses cease living as a married couple, and instead live in the same residence as roommates.

Myth 4: Kids prevent an uncontested divorce

It’s true that kids do make divorce a bit more complicated. But if you and your spouse can agree to all aspects of the divorce – including child custody, visitation, and child support, then you can get an uncontested divorce. I often help me clients come up with reasonable settlements regarding how to handle children.

Myth 5: Being a high net worth family prevents uncontested divorce

A lot of divorce lawyers would like high net worth families to believe that an uncontested divorce is an impossible goal. Why? They want the couple to fight so they can make a lot of money.

If you are a high net worth person, I’d be happy to take your case. And if there is something worth fighting about, I can help you do that. But high net worth people need to understand that divorce is as complicated as the spouses choose to make it.

A number of my clients have net worth well in excess of a million dollars. While certain situations require special attention, many times I can offer a flat fee to represent high net worth people in an uncontested divorce.

Meet the Author

Divorce Attorney David Wolkowitz

David Wolkowitz is an uncontested divorce lawyer in DuPage County, Illinois. He makes uncontested divorce quick and affordable by using a streamlined process and offering flat-fee representation. DuPage County divorce court is located in Wheaton, Illinois.