An agreed divorce is a good option for many spouses who are ready to bring their marriage to an end and move on to the next stage of their lives. In an agreed divorce, the spouses work to finalize the terms of their separation without going to court—and this saves time, money, and stress in all aspects of the process.
Is an agreed divorce right for you?
While pursuing an agreed divorce makes sense in lots of circumstances, it isn’t the right choice for all couples in all cases. If you and your spouse aren’t on the same page—and aren’t likely to get on the same page—then an agreed divorce might not be in the cards. With that said, there are lots of reasons to consider an agreed divorce, and a mutual desire to avoid going to court can itself be enough to spur good-faith negotiations.
7 Important Factors When Considering an Agreed Divorce
So, when can (and should) you pursue an agreed divorce in Illinois? Here are seven important factors to consider:
1. You and Your Spouse Are Both Ready to Be Single
While either spouse can file for divorce at any time in Illinois, when pursuing an agreed divorce, it is generally best if both spouses are ready to be single. If your spouse wants to stay married and you do not, this fundamental difference can make it difficult (but not impossible) to find a mutually agreeable path forward. At the very least, it will be best if your desire to pursue an agreed divorce does not come as a surprise—and, if you need help deciding how to discuss your desire for a divorce with your spouse, resources are available.
2. You and Your Spouse Are Both Willing to Work Together
Successfully pursuing an agreed divorce requires that both spouses are willing to work together. If your spouse isn’t willing to listen to you, or if your spouse simply wants the opposite of what you want, this will make pursuing an agreed divorce challenging (but, again, not impossible). Conversely, if you are willing to listen to one another, consider each other’s point of view, and compromise when necessary for your mutual benefit, then an agreed divorce may be very viable.
3. You Are Both in Agreement on How to Divide Your Major Assets
There are three key aspects to any divorce: (i) property division; (ii) debt division; and, (iii) post-divorce financial support (or alimony). In divorces involving children, parenting time and child support also come into play.
As a result, if you and your spouse agree on how to divide your major assets, this is a good step in the right direction. This includes agreeing on how to address your:
- Family home
- Vehicles
- Checking and savings accounts
- Retirement accounts
- Furniture, artwork, and other high-value items
While these are far from the only assets you will need to address during the divorce process, if you agree on how to address the big stuff, this will make it easier to address the small stuff later on. You might still need to address some specifics later—and your current agreement doesn’t need to be set in stone—but discussing how to address these types of assets up front will help give you an idea of how the rest of the process is likely to go.
4. You Are Both in Agreement on How to Divide Your Major Debts
Along with agreeing on how to divide your major assets, it will also be helpful if you agree on how to divide your major debts. This includes debts such as your:
- Mortgage
- Auto loans
- Financing agreements for other major purchases
- Credit card debt
- Student loans
Usually, spouses will agree that secured debts (i.e., mortgages and auto loans) will go with the assets they are related to. But, there are other options that will make sense in some circumstances—such as paying off debts during the divorce process. Here, too, while you don’t need an agreement that is set in stone if you can confirm that you are generally on the same page regarding your shared debts, this can help ensure that the process will go as smoothly as possible.
5. You Both Have Similar Thoughts Regarding Post-Divorce Parenting Time
If you have minor children from your marriage, parenting time will be one of the most important issues you need to address during the divorce process. Under Illinois law, divorcing spouses must make decisions about parenting time with their children’s best interests in mind.
In contentious divorces, it is not unusual for parents to have very different opinions about what is in their children’s best interests. But, in an agreed divorce, the parents must agree on all aspects of their post-divorce parenting time. While there are several important factors to consider, here too, it is a good idea to focus on the fundamentals (i.e., your weekly post-divorce schedule) as you weigh your options for how best to approach your divorce.
6. You Both Fundamentally Agree on Alimony and Child Support
The same basic considerations apply to alimony and child support (if applicable). If you and your spouse generally agree on who will pay alimony (if anyone) and how to apply Illinois’s Child Support Guidelines to your family’s financial circumstances, this will help set the stage for a successful agreed divorce.
7. You Are Both Prepared to Work Through Any Disagreements Amicably
Finally, even if you both commit to pursuing an agreed divorce, you may still encounter disagreements at various stages of the process. This is okay, and it is to be expected in many cases. The key is that you and your spouse are both prepared to work through any disagreements amicably—with both of you remaining focused on the ultimate goal of bringing your marriage to an end.
Schedule a Free Initial Consultation with Gurnee, IL Divorce Attorney Deanna J. Bowen
If you would like to know more about pursuing an agreed divorce in Illinois, we invite you to get in touch. To schedule a free initial consultation with Gurnee, IL divorce attorney Deanna J. Bowen, call us at 847-623-4002 today.
