The media often portrays divorce as a messy affair, and you likely have friends and family members who have also shared horror stories about expensive and lengthy divorce battles in which they lost everything. The fact is, however, that divorce does not have to be like that. Sometimes couples just find they can no longer live together and decide to part ways amicably and move on with their lives . In these instances, what is called an uncontested divorce is often right way to go.

What is an Uncontested Divorce?

Put simply, an uncontested divorce is a dissolution of a marriage in which a couple agrees on everything, or nearly everything about splitting assets and ending the marriage. The couple must be prepared to present a reasonable divorce settlement agreement to the court that addresses all of the necessary considerations.

Divorce can, unfortunately, be an expensive proposition, particularly if there are complicated disputes about how to split property or spousal maintenance. Cases involving parental responsibilities and child support can also become extremely costly. In many such cases, one side may seek attorney’s fees from their former spouse. While it is possible to obtain legal fees from a former spouse under Illinois law, there are certain criteria that must be met in order to do so.

When Are Attorney’s Fees Awarded?

Under Section 5/508(a) of the Illinois Marriage and Dissolution of Marriage Act, there are several circumstances in which a court may award attorney’s fees following the conclusion of a divorce proceeding. These include to defend against a divorce or appeal, to defend against a modification to a court order, to enforce or modify a court order, or to reimburse costs for the preparation of a divorce petition. Essentially, almost any action related to a divorce is eligible for reimbursement of attorney’s fees. However, whether awarding those fees is appropriate is still left to the discretion of the court, and courts can be extremely hesitant to award attorney’s fees unless a spouse can show extreme hardship in paying their own way.

Divorces usually take many months to finalize, and the constant hearings, court orders, and normal difficulties of dealing with a spouse you are ending a relationship with make it an extremely difficult process. Of course, divorce is often necessary for many reasons. But while this process can be long and often messy, there are actually several steps you can take to make it go a little more smoothly.

Get Your Finances in Order

Perhaps the best thing a couple can do to prepare for a divorce is enter into a prenuptial agreement, as this can make the division of property and spousal maintenance an extremely simple process. However, many couples are hesitant to even broach the subject before marriage, which is understandable.

Same-sex marriage has been legal in the state of Illinois since 2014, but last year in the landmark case Obergefell v. Hodges, the U.S. Supreme Court held that bans against same-sex marriage were unconstitutional in any state. This opened the door for all same-sex unions in the United States to enjoy the same legal recognition as straight couples, considerations that also extend to divorce law. While the basics of seeking a dissolution of marriage in Illinois are now the same for any couple, regardless of the genders of the spouses, there are still some issues surrounding same-sex divorce that have not been completely addressed by the courts yet.

The Divorce Process in Illinois

Any couple seeking a divorce in the state of Illinois must meet the following procedural requirements:

In the weeks following the initial divorce filing, the parties will exchange information about their assets and income to determine how marital property is to be distributed and whether either side is entitled to spousal maintenance. If the couple had children, a temporary custody agreement might also be entered into at this point. Often, many disputes about property and child custody can be settled by negotiation, but if a case becomes especially contested, either party may decide that they need to take depositions to pursue their case.

What Is a Deposition?

A deposition is testimony taken under oath, and your appearance is required if you receive notice that you are to be deposed. A court reporter creates a transcript of the deposition, but depositions are usually taken at an attorney’s office with no judge is present. Attorneys for both sides may ask questions during the deposition about the disputed issues relating to the divorce, or object to irrelevant questions. The general purpose of depositions in a divorce proceeding to uncover information of which the party taking the deposition was previously unaware. Anything said at the deposition may later be admitted into evidence before the court.