Most people have heard a story about a husband or a wife who was financially ruined by divorce. Divorce cases are notorious for being long and costly. But not every divorce case has to leave one party feeling like he or she got half a loaf.

One of the quickest and most inexpensive options for dissolving a marriage is a so-called uncontested divorce. In those cases, the parties use minimal help from attorneys to resolve their disputes and settle amicably. Their agreements are drafted by an attorney into a settlement agreement that is signed by both parties. And the petition for dissolution of marriage – which typically begins a divorce case – is filed on the same day the settlement documents are filed to end the case.

A couple pursuing an uncontested divorce will typically go to court only once to end the marriage, and the process can take a month or less if both parties are committed to a quick resolution. The result can mean thousands of dollars of savings in legal fees. The single most important factor for whether a couple can use an uncontested process to dissolve their marriage is agreeing on the basic terms of their separation. Parties are best suited to this process when they have already agreed between each other about how to divide their assets and their debts, how to share custody of their children, how much will be paid in child support and spousal maintenance payments, and how to apportion their real estate, financial accounts, and retirement savings. When a couple can work through these issues together fairly, they are not forced to appear in court to have a judge rule on those aspects of the case.

However, couples should be forewarned that to settle their divorce, all issues pertaining to child custody, finances and real estate must be resolved before the divorce is finalized. A judge is unlikely to put the final stamp of approval on a divorce if the parties have not yet agreed how to divide their bank accounts, retirement accounts, or real estate property. These issues can’t be “saved for later.”

It is still important to use an attorney in an uncontested divorce, particularly for the finalizing of a settlement agreement and the negotiating of more routine parts of a settlement, such as which party will claim the children as dependents on his or her tax return. In Illinois, attorneys may not represent both parties in a divorce – even if it is uncontested. While some couples choose to hire one attorney to represent one spouse and have the other spouse forego legal representation, this is not advisable. Equal representation by counsel is important in the interest of fairness. It also can prevent one spouse from later claiming he or she did not understand the agreement he signed because he was not represented by counsel. When seeking representation for an uncontested divorce, it is important that each spouse find an attorney who is willing to negotiate an uncontested divorce rather than arguing each matter in court.

Once those decisions are made, an attorney can draft the documents necessary to file for divorce and file them in court. From that point, it can take anywhere from two weeks to 45 days to schedule a court date to finalize the divorce and end the marriage.