Couples who have a functional relationship and are able to work together may be able to get an uncontested divorce. If you live in the state of Illinois, here’s what you need to know about whether or not you will need to attend court during this process.
Going through a divorce is not easy; it can be a very emotional and stressful time for all involved. The prospect of having to attend court for hearings throughout the process can make it even more stressful and nerve-wracking. For most court appearances, both parties appear by the representation of their lawyers – meaning they do not have to be personally present.
What is an Uncontested Divorce?
When one spouse challenges whether the couple should get a divorce or any other reason, you have a divorce dispute. This is referred to as a contested divorce and can take more than 18 months to be resolved. An uncontested divorce (referred to as a “dissolution of marriage” in our state of Illinois) means that both parties agree on all the key terms of the divorce, including:
- Dividing marital property.
- Child custody and parenting time schedule.
- Dividing marital debts.
- Child support and medical insurance coverage for any minor children.
- Spousal support (also called “alimony”).
- Custody of pets.
While two divorces are the same, specific instances may require both spouses to appear at hearings throughout the divorce process. Here’s a look at some examples where both spouses do not have to attend court appearances and instances where both must be present. A lot of times this is determined by whether a divorce is uncontested or contested.
Spousal Attendance in an Uncontested Divorce
As mentioned, an uncontested divorce is when both parties agree on terms of the divorce by a marital settlement agreement. This includes matters such as property being divided up, whether any financial support will be granted to either spouse, and any child custody issues.
For an uncontested divorce to be finalized, the spouse who petitioned for divorce by filing with the county court must appear at the final hearing. The other spouse is not required to attend, as long as he or she has signed all the necessary documents regarding the marital settlement agreement.
The petitioner, or plaintiff, is required to testify as to the identity of both parties, as well as the terms of the settlement. The spouse’s lawyer may ask the spouse questions to acknowledge they fully understand the terms of the settlement.
Spousal Attendance in a Contested Divorce
Unfortunately, marital settlement agreements aren’t always reached easily. When this matter arises, both spouses would need to be present at pre-trials along with their lawyers. These are usually informal in nature, and require both attorneys to present their client’s side of the argument.
A judge then provides both attorneys with a non-binding opinion on how to proceed, which is then reported back to the spouses. It’s important for both spouses to be present for this because a resolution on an issue could be made.
If the parties are unable to reach an agreement, a final divorce hearing will be held, where both spouses must be present. A judge will hear all evidence and arguments, and will make a decision on all issues. Both parties must abide by the judge’s final decision.
How Long Does an Uncontested Divorce Take in Illinois?
There is no divorce waiting period for uncontested divorces in Illinois. However, you still must meet Illinois’ residency requirements before you can file for divorce in the state. You or your spouse has to live in Illinois for at least 90 days before filing for divorce.
If you want a fast divorce in Illinois, you’ll need to meet the residency requirements and find a way to settle things with your spouse. Contested divorces can take several months depending on the number of issues in your case and whether your case requires a lengthy trial. (750 Ill. Comp. Stat. § 5/401(a).)
To answer the initial question: you may not have to attend court to get a divorce in Illinois. If you’re the one who petitioned for the divorce, you would have to appear at the final hearing. If the goal is a quick and efficient divorce in which you don’t have to attend court, the best approach is to agree on terms of a marital settlement agreement promptly and before the final hearing.
At Masters Law Group our attorneys are here to guide you through your divorce every step of the way. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process.
Contact our office today to schedule your complimentary consultation.