When you think of how divorce is portrayed publicly, you may imagine bitter fights between two people who no longer can stand each other. There are many kinds of divorces, and this particular type is called a contested divorce.

Every state has different requirements for what entails a contested divorce, but it typically describes a situation when two people want to get divorced but do not agree to the terms. Under Illinois law, however, the following situations are considered contested divorces:

• When one party is contesting the very attempt to divorce (i.e. one wants the divorce and the other does not);
• When there is a disagreement over custody and a child’s living arrangement;
• When the parties have differing views on spousal support or child support; and
• When the parties disagree on how to divide the debts and assets.

To account for the fact that individuals may agree to some aspects but disagree to other aspects of the divorce, the Illinois Marriage and Dissolution of Marriage Act has created a bifurcated process in which to handle contested divorces. This means the divorce proceedings/trials are divided into two main parts. The first part deals with grounds or the reason for the divorce itself, while the second part addresses issues such as custody, alimony, debt allocation, etc.

Bifurcated Divorce Process

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Uncontested divorce is one of the most popular options for spouses who choose to separate. It does not carry the extreme simplicity and ease in division of assets as a joint simplified dissolution of marriage, but it is simpler than a contested divorce.

The Illinois Marriage and Dissolution of Marriage Act provides for a number of options for ending your marriage. One of these is known as an uncontested divorce. An uncontested divorce simply means that you and your divorcing partner agree to all aspects of the marriage dissolution. In order to petition for a simple uncontested divorce, you must meet all of the following:

• You have not filed for divorce in another state;
• You do not own any real property (ex: a house) that was bought during the marriage;
• You are only asking for child support or no support;
• You and your spouse do not have a pension;
• You do not have a pending paternity suit; and
• Both of you have been Illinois residents for at least 90 days.

The Advantages and Disadvantages of Uncontested Divorce

An uncontested divorce is made simple by the fact that there is no negotiating between the parties; however, this does present significant complications in certain cases. If at least one thing is in question or is contested (even the smallest piece of property), then the divorce is no longer considered uncontested. “Simple uncontested divorces” are also rare because very few couples lack at least one of the following: retirement investments; real estate; or children. Typically, at least one of those is present in the marriage. However, this does not mean you cannot have an uncontested divorce. If you have children, property, real estate, or retirement investments with your spouse, you both must reach a fair division of property and/or child custody/support agreement in order for your divorce to be considered uncontested. The same applies to any debts you may share with your soon to be ex spouse.

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Illinois, like many other states, offers different types of divorce option. State law has built-in divorce processes that encourage efficient divorces in an effort to promote the possibility of an amicable divorce.

The Illinois Marriage and Dissolution of Marriage Act allows for a process known as a joint simplified dissolution of marriage. It is an expedited form of divorce for those couples who have limited legal issues to contest or work out. In order to qualify for a joint simplified divorce, both you and your spouse must meet the following qualifications:

• Agree to the divorce;
• Complete and submit the paperwork together;
• Are able to attend court for the divorce hearing together;
• Have lived in Illinois for at least 90 days prior to filing the petition;
• Have been married for eight years or less;
• Have been separated and living apart for at least six months;
• Have no children (biological or adopted) together;
• Do not own real property together or any marital property is below a specified fair market value;
• Are not dependent on each other; and
• Are both willing to waive the right to spousal support and maintenance.

Also, both you and your spouse must agree that irreconcilable difference have caused the irretrievable breakdown of the marriage. Included in the petition, a written agreement must be submitted that divides all assets worth more than $100 and allocates responsibility for any debt or liabilities. The petition also requires you both disclose any other assets and tax returns filed during the years of the marriage.

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A recent study by Harvard economists found that DuPage County, Illinois is one of the best in the country, especially for allowing families move up the income ladder.

The Equality of Opportunity Project at Harvard studies economic opportunities for low-income children. It is becoming an increasing reality in the United States that income status at birth has a significant impact on the success of a child and their ability to improve their lives. In many counties, there is little to no income mobility, which means they are not the ideal environments to raise a family. The study found, however, that DuPage County was the opposite.

Success of DuPage County

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In a sign of the times, a Manhattan judge allowed a woman to serve divorce summons to her husband via Facebook.  The 26-year old nurse had been having an extremely difficult time getting a hold of her husband. It was only through phone call or Facebook that she was able to reach him. Even a private investigator was unable to find a location in which to deliver the summons. With those facts in mind, the judge ruled that serving her husband through social media was next best option.

The decision, while novel, is not necessarily surprising. As the judge concedes, “The past decade has also seen the advent and ascendency of social media, with websites such as Facebook and Twitter occupying a central place in the lives of so many people. Thus, it would appear that the next frontier in the developing law of the service of process over the internet is the use of social media sites as forums through which a summons can be delivered.”

Purpose of a Summons

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