What must spouses agree on before proceeding?
A complete agreement should address assets and debts, responsibility for ongoing expenses, and whether maintenance will be paid or waived. Retirement benefits, a jointly owned home, and tax questions can require additional documents even when neither spouse expects a dispute.
When children are involved, parents also need workable provisions for decision-making, parenting time, and financial support. Under 750 ILCS 5/502, agreements receive judicial scrutiny, with child-related terms subject to the applicable legal standards rather than parental preference alone.
How does an agreed divorce move through court?
The required filings depend on the circumstances and local procedures. Counsel can help determine whether the available statewide forms cover the agreement or whether additional drafting is needed.
- Confirm the residency requirement and identify the appropriate court.
- Exchange sufficient financial information to evaluate proposed terms.
- Prepare the petition, required notices, agreement, and any parenting documents.
- Complete the required court presentation and address any requested corrections.
Why can a simple agreement still need legal advice?
A spouse may overlook an account, accept unclear debt language, or assume that signing a settlement automatically transfers title. A lawyer can identify missing provisions and explain the consequences of proposed terms before they become part of a judgment.
One lawyer does not represent both spouses merely because the case is agreed. Each spouse should understand who the lawyer represents and may seek independent advice. If disclosure is incomplete or pressure is affecting consent, an uncontested approach may need reconsideration.
What should you bring to an initial consultation?
Gather recent income records, account statements, mortgage information, retirement statements, and a list of debts. Include any draft agreement and court papers already received. Explain which points are settled and which remain assumptions rather than confirmed agreements.
Timing depends on document completeness, service or appearance requirements, court scheduling, and whether the proposed judgment resolves every issue. Avoid making financial commitments based on an expected final date until the procedural requirements have been reviewed.
Frequently asked questions
+Can we use the same lawyer?
A lawyer generally represents one spouse, not both sides of the divorce. The other spouse may obtain separate advice even if the couple agrees on the proposed outcome.
+Do we have to live apart for six months?
Six months of living separate and apart creates an irrebuttable presumption concerning irreconcilable differences under 750 ILCS 5/401(a-5). It is not a universal waiting period for every agreed divorce.
+Can an uncontested case become contested?
Yes. If either spouse withdraws agreement on a material issue, negotiation or litigation may be needed. Previously exchanged financial information can still help identify what remains unresolved.
+Is an agreed divorce automatically inexpensive?
No particular total can be assumed. Court charges, document complexity, retirement orders, and the amount of legal work can affect cost even when the spouses remain cooperative.
Sources
General information about Illinois law, not legal advice for your situation. Laws and local court practices change; confirm current requirements with the court or an attorney.