Uncontested Divorce in Yorkville IL

Yorkville uncontested divorce lawyers

This blog post discusses the uncontested divorce process in Yorkville, Illinois.  Within the last two days, I have met with two potential clients that want an uncontested divorce in Yorkville, Illinois.  

Yorkville Uncontested Divorce 

An uncontested divorce is a divorce between two spouses that is amicable and uncontested.  Generally, the couples want to save money by dividing their marital assets in an equitable and fair manner.  Often, couples that want an uncontested divorce do not have any biological or adopted children between them.  Both potential clients made good income and the significant issue in their cases was spousal maintenance.  

Spousal maintenance or otherwise known as “alimony” or “spousal support” is a type of payment on a regular basis to compensate the spouse for the difference between the two spouses’ incomes.  For example, Ralph is a husband that makes $50,000 and his wife, Susan, makes $71,000.  Ralph and Susan have been married for 6 years.  

Under the new spousal maintenance statute effective in 2019, the spousal maintenance statute in Illinois is calculated as follows;
–Susan’s net income is $71,000 per year X .33 (or 33 percent)=$23,430

–Ralph’s net income is $50,000 per year X .25 (or 25 percent)=$12,500

Spousal Maintenance Payable to Ralph                                       $10,930 per year

Part II:  Add Susan’s net income + Ralph’s net income=             $121,000 per year

There is a 40 percent test, which means that Ralph’s total income per year cannot exceed 40 percent of their household net income ($121,000 per year) or $48,400.  In this above example, Ralph is not eligible for spousal maintenance because his net income exceeds $48,400 per year.  Ralph’s net income is $51,000.  Thus, $51,000 per year exceeds $48,400 per year allowable by the 40 percent test.  

In many divorce cases, spousal maintenance is the big issue. Many spouses will waive spousal maintenance, but in many cases, spousal maintenance can be easily calculated by the attorney and the new spousal support laws of 2019 can be applied.

Yorkville Uncontested Divorce Process Procedure

In Yorkville, the uncontested divorce process procedure occurs in the following manner:

  • File the Petition for Dissolution of Marriage at the Kendall County Court House
  • File an Appearance at the Kendall County Court House (by the Defendant Spouse)
  • Prepare Marital Settlement Agreement
  • Both spouses sign the Marital Settlement Agreement
  • Draft Notice of Prove Up
  • Prove Up at Kendall County Courthouse
Essentially, Sean Robertson and Robertson Legal Group, LLC concentrate in uncontested divorce matters in Yorkville and Kendall County Courthouse.  There are 6 steps to prepare an uncontested divorce in Yorkville.  The first step is filing the Petition for Dissolution of Marriage.  The Petition for Dissolution of Marriage is a summary of relevant information about the marriage.  Generally, divorce cannot be finalized until at least 30 days after filing of the Petition for Dissolution of Marriage.  The second step is filing an appearance at the Kendall County Courthouse.  An appearance is filed by the Defendant Spouse describing how to contact the spouse and where to send appropriate legal notices.  The third step is preparing a marital settlement agreement.  A marital settlement agreement is a written contract, which describes how the two spouses will divided marital and non-marital property and liabilities.  Furthermore, the property settlement is described in the marital settlement agreement.  The couple signs the marital settlement agreement and give the marital settlement agreement to the attorney.  The fourth step is to draft a Notice of Motion of Prove Up, which informs both spouses the date, time, and location of the prove up (to finalize the divorce).  The fifth and final step is the prove up at the Kendall County Courthouse.  The prove up is essentially the date where the Plaintiff spouse appears in court and answers relevant questions about the marital settlement agreement.  At the conclusion of the prove up, the two spouses are divorced.  Please note that the Respondent Spouse does not have to appear in court at all as long as they have signed the marital settlement agreement and filed an appearance with the court.

 

EXPERIENCED YORKVILLE UNCONTESTED DIVORCE ATTORNEYS

In conclusion, Sean Robertson and Robertson Legal Group, LLC assist couples in Yorkville and surrounding areas with the uncontested divorce process.  Sean Robertson will explain the uncontested divorce process and prepare the relevant paperwork for the divorce process.  The above is a simplified explanation of the divorce process in Yorkville and Kendall County.  Generally, uncontested divorces in Yorkville can be finalized within 40 to 60 days or quicker in Yorkville, Illinois.  Sean Robertson has over 15 years of experience as a divorce and family law attorney.  Sean Robertson may be reached at 630-882-9117.