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An Agreed Divorce is not for everyone. Indeed, many people contemplating divorce can’t imagine agreeing with their spouse on anything, let alone the terms of their divorce! But for many others, an Agreed Divorce is just right. If you can answer “yes” to all the questions below, an Agreed Divorce may be right for you:

1.  Do you and your spouse agree on all the important issues? An Agreed Divorce means that you and your spouse agree on the “big issues,” such as custody of the children, visitation, how to divide up your property, assets and your liabilities; and how to handle “future” issues, such as college expenses or life insurance for your children. If you agree on most things, but disagree on even just one, this is not an Agreed Divorce.
   
   However, if you and your spouse agree on “who gets what,” and how you will continue to parent your children, an Agreed Divorce is an option.

2. Can you and your spouse hold up your end of the process? There are several forms you and your spouse will have to fill out and return to us, in order for us to process your divorce. We need basic information about your family, your finances, you and your spouse’s employment.  If you live in McHenry, Kane, or Lake counties, and you and your spouse have children, you both will need to register for and take a required parenting class.  Finally, one of you (the petitioner) will need to go to court the day your divorce becomes final.

3.  Are your finances relatively simple? Some couples own several pieces of real estate, have multiple bank accounts, stocks, bonds and other investments, and have lots of valuable personal property. For these couples, there are important tax and other consequences involved in separating these assets. Other couples have complex debts, which they cannot simply “agree” to negotiate because the debtor will not agree to dividing up those debts, or letting one spouse “off the hook.” For these couples, an Agreed Divorce is not the answer.
   
   However, if you are like most people, and own just one piece of real estate, have just a few accounts and traditional bills and credit cards, an Agreed Divorce is an option.

4. If you have children, can you and your spouse co-parent? Some parents just do not see eye to eye on how to co-parent their children after a divorce. Some parents want complete control over the children or spouse, and use visitation and custody as weapons. Sometimes a parent will try to turn a child against the other parent, and in doing so, use the child as a weapon. For these parents, their divorce process will be long, painful, expensive, and will likely leave permanent scars on every member of their family. Instead, they will go through mediation, perhaps a guardian ad litem or a custody evaluator, then a trial. They will also spend anywhere from $10,000 to $100,000 before it’s all said and done. These couples obviously are not eligible for an Agreed Divorce.
   
   However, if you and your spouse can talk about where the kids will live, how you will make decisions about the kids, and how you will share parenting time with the kids, an Agreed Divorce is an option.

Learn more by reading our Frequently Asked Questions

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