Uncontested Divorce in Illinois: Complete 2024 Guide

15 min read
By Jonathan D. Steele
Uncontested Divorce in Illinois: Complete 2024 Guide
By Jonathan D. Steele, Family Law Attorney at Beermann LLP

You've made the difficult decision to end your marriage, but fortunately, you and your spouse agree on all the major issues. An uncontested divorce in Illinois can save you thousands of dollars and months of stress—if you navigate the process correctly. Having guided hundreds of couples through uncontested divorces over the past two decades, I've seen firsthand how a smooth, cooperative divorce can set the stage for a healthier post-divorce relationship, especially when children are involved.

Table of Contents

  1. What Qualifies as an Uncontested Divorce in Illinois?
  2. Requirements and Eligibility
  3. Step-by-Step Process for Filing
  4. Cost Breakdown: What You'll Actually Pay
  5. Timeline: How Long Does an Uncontested Divorce Take?
  6. Required Forms and Documents
  7. DIY vs. Attorney: When Each Makes Sense
  8. Common Mistakes That Can Derail Your Case
  9. Special Considerations
  10. When to Hire an Attorney
  11. Frequently Asked Questions

What Qualifies as an Uncontested Divorce in Illinois?

An uncontested divorce in Illinois occurs when both spouses agree on all major issues without court intervention. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), 750 ILCS 5/401, this means you've reached consensus on:

The key distinction? No contested hearings. You're essentially asking the court to approve your agreement, not to decide disputed issues. In my experience, roughly 40% of divorces that start as "uncontested" hit snags when couples realize they haven't fully addressed all issues. That's why thorough preparation is crucial—check out our divorce preparation checklist for Illinois to ensure you've covered everything.

The "Irreconcilable Differences" Standard

Illinois is a no-fault divorce state. Since 2016, "irreconcilable differences" is the sole ground for divorce (750 ILCS 5/401(a)). You don't need to prove wrongdoing—just that the marriage is irretrievably broken. If you've lived separate and apart for at least six months, the court presumes irreconcilable differences exist.

Requirements and Eligibility

Residency Requirements

At least one spouse must have resided in Illinois for 90 days before filing (750 ILCS 5/401(a)). This is jurisdictional—without it, Illinois courts lack authority to grant your divorce. Military personnel stationed in Illinois for 90 days also qualify.

Mandatory Waiting Period

Illinois eliminated the mandatory six-month separation requirement in 2016. However, if you haven't been living separate and apart for six months, you'll need to prove irreconcilable differences through testimony. "Separate and apart" doesn't necessarily mean different residences—I've seen couples successfully argue they lived separate lives under the same roof.

Agreement on All Issues

This is where many DIY divorces falter. Your agreement must address:

  1. Property Division: Every asset and debt must be allocated
  2. Parenting Plan: If you have children, a detailed parenting plan per 750 ILCS 5/602.10
  3. Support Obligations: Child support following Illinois guidelines (750 ILCS 5/505) and any maintenance

Step-by-Step Process for Filing

Step 1: Prepare Your Marital Settlement Agreement

Your Marital Settlement Agreement (MSA) is the heart of an uncontested divorce. This comprehensive document should detail:

Pro tip: Don't forget digital assets. In our increasingly online world, addressing cryptocurrency, online business assets, and even valuable social media accounts is crucial. For complex digital asset situations, consider digital forensics to ensure full disclosure.

Step 2: File the Petition

The petitioner files:

File in the circuit court of the county where either spouse resides. For detailed filing instructions, see our guide on how to file for divorce in Illinois.

Step 3: Serve Your Spouse

Even in uncontested cases, proper service is required. Options include:

  1. Voluntary Appearance: Spouse signs acceptance of service
  2. Sheriff or Process Server: Formal service
  3. Publication: Only if spouse cannot be located (complicates uncontested status)

Most uncontested divorces use voluntary appearance—it's faster and maintains the cooperative spirit.

Step 4: File Response and Agreement

The respondent files:

Step 5: Submit Financial Documents

Both parties must exchange financial disclosures within 30 days of filing (Illinois Supreme Court Rule 13.3.1). Required documents include:

In high-asset cases or when digital privacy is a concern, review our guide on digital privacy in divorce to protect sensitive information.

Step 6: Attend the Prove-Up Hearing

The "prove-up" is typically a brief hearing (10-15 minutes) where you present your agreement to the judge. You'll testify that:

Some counties allow prove-ups by affidavit, eliminating the court appearance entirely.

Cost Breakdown: What You'll Actually Pay

Understanding the true cost of an uncontested divorce helps you budget appropriately. Here's what Illinois couples typically pay in 2024:

Court Filing Fees

Filing fees vary by county but generally range from $250-$450. For current fees in major counties, check our Illinois divorce filing fees guide. Additional costs include:

DIY Costs

If handling everything yourself:

Attorney-Assisted Uncontested Divorce

Most attorneys offer flat-fee uncontested divorce packages:

These packages typically include all document preparation, filing, and court appearances.

Hidden Costs to Consider

Timeline: How Long Does an Uncontested Divorce Take?

The timeline for an uncontested divorce in Illinois depends on several factors:

Best-Case Scenario: 2-3 Months

With complete agreement and efficient filing:

Typical Timeline: 4-6 Months

Most uncontested divorces take longer due to:

Factors That Extend Timeline

In Cook County, uncontested cases typically move faster than contested ones, but court backlogs can still cause delays. Some suburban counties process uncontested divorces in as little as 45 days.

Required Forms and Documents

Illinois courts require specific forms for uncontested divorces. While forms vary slightly by county, core documents include:

Initial Filing Documents

  1. Petition for Dissolution of Marriage: Initiates the case
  2. Summons: Notifies respondent of the action
  3. Certificate of Dissolution: Statistical information for state records
  4. Financial Affidavit: Detailed financial snapshot

Response Documents

  1. Appearance: Respondent's formal entry into the case
  2. Response to Petition: Can simply admit all allegations

Agreement Documents

  1. Marital Settlement Agreement: Comprehensive agreement on all issues
  2. Parenting Plan: Required when minor children are involved
  3. Child Support Calculation: Following Illinois statutory guidelines

Final Documents

  1. Judgment for Dissolution of Marriage: The actual divorce decree
  2. Income Withholding Order: For child support
  3. Qualified Domestic Relations Order (QDRO): For retirement divisions

Each county may have local forms—always check with your circuit clerk or review local rules.

DIY vs. Attorney: When Each Makes Sense

When DIY Works Well

Consider handling your own uncontested divorce when:

Success story: I recently advised a couple married for three years with no children and separate finances. They used online forms, filed themselves, and completed their divorce in 10 weeks for under $500.

When You Need an Attorney

Hire an attorney when your case involves:

Even in "simple" cases, attorney review can prevent costly mistakes. I've seen DIY divorces revisited years later because retirement accounts weren't properly divided or parenting plans were too vague.

Hybrid Approach: Limited-Scope Representation

Consider hiring an attorney for specific tasks:

This middle ground provides professional guidance while controlling costs.

Common Mistakes That Can Derail Your Case

Mistake #1: Incomplete Financial Disclosure

The #1 reason uncontested divorces become contested? Hidden assets or incomplete disclosure. Illinois law requires full financial transparency (750 ILCS 5/503(a)). Courts can reopen cases years later for fraud.

Real case: In re Marriage of Kieturakis, 2006 IL App (1st) 060835, where husband's failure to disclose stock options led to case reopening five years post-decree.

Prevention: Exchange complete financial documents early. When in doubt, over-disclose.

Mistake #2: Vague Parenting Plans

Generic parenting plans cause post-decree conflicts. Your plan must address:

Prevention: Use the Illinois standard parenting plan as a starting point, then customize.

Mistake #3: Ignoring Tax Consequences

Tax issues I frequently see overlooked:

Prevention: Consult a tax professional before finalizing your agreement.

Mistake #4: Improper Real Estate Handling

Common real estate mistakes:

Prevention: Include specific deadlines for refinancing and transfer.

Mistake #5: Overlooking Digital Assets

Modern divorces must address:

Prevention: Create comprehensive digital asset inventory during discovery.

Special Considerations

Military Divorces

Military families face unique considerations:

High-Asset Divorces

Even uncontested high-asset divorces require careful attention to:

For cases involving complex assets or privacy concerns, consider reviewing Illinois divorce case law on property division.

Same-Sex Divorces

While legally identical to opposite-sex divorces, consider:

When to Hire an Attorney

Even in agreeable divorces, attorney involvement makes sense when:

Red Flags Requiring Legal Help

  1. Power imbalance: One spouse controlled finances during marriage
  2. Complex assets: Business interests, multiple properties, investments
  3. Unclear agreements: You can't articulate specific division terms
  4. Interstate issues: Children may relocate out of state
  5. Modification likelihood: Circumstances may change soon
  6. Documentation concerns: Missing financial records

Cost-Benefit Analysis

Compare potential attorney fees against:

Example: Spending $3,000 on attorney fees to properly divide a $400,000 retirement account protects $200,000 in assets—a worthwhile investment.

What to Expect from Attorney Representation

A good divorce attorney will:

  1. Review all financial documents for completeness
  2. Draft comprehensive agreements covering all contingencies
  3. Explain tax consequences and planning opportunities
  4. Ensure proper court procedures are followed
  5. Attend court hearings on your behalf
  6. Handle post-decree issues like QDROs and deed transfers

Frequently Asked Questions

How long does an uncontested divorce take in Illinois?

An uncontested divorce in Illinois typically takes 2-6 months from filing to final judgment. The timeline depends on court scheduling, completeness of your paperwork, and whether you have children. Courts in smaller counties often move faster than Cook County. The absolute minimum is about 45 days, but 3-4 months is more realistic for most cases.

Can we file for divorce without lawyers if we agree on everything?

Yes, Illinois law allows self-representation in divorce cases. If you truly agree on all issues—property division, child custody, support, and maintenance—you can file without attorneys. However, even agreeable couples benefit from attorney review to ensure agreements are complete, enforceable, and don't create future problems. At minimum, consider a consultation to review your agreement before filing.

What if we agree on everything except one issue?

If you agree on most issues but disagree on one point (like the house value or parenting schedule specifics), you're not ready for an uncontested divorce. Options include:

How much does an uncontested divorce cost in Illinois?

DIY uncontested divorces cost $450-$900 in filing fees and related expenses. Attorney-assisted uncontested divorces typically range from $1,500-$4,000 depending on complexity. Additional costs may include QDRO preparation ($500-$1,500), deed preparation ($150-$300), and tax consultation ($300-$500).

Do we have to go to court for an uncontested divorce?

Usually, yes—at least one spouse must attend a brief "prove-up" hearing. However, some Illinois counties allow prove-up by affidavit, eliminating the court appearance. Check your county's local rules. The hearing typically lasts 10-15 minutes and involves basic questions about your agreement.

Can we use the same lawyer for an uncontested divorce?

No, one attorney cannot represent both spouses due to conflict of interest rules. However, one attorney can prepare documents as long as they clearly represent only one party, and the other spouse understands they're not represented. Many couples have one attorney handle everything with the understanding that the other spouse could seek independent review.

What happens if we reconcile during the divorce process?

You can dismiss your case at any time before the final judgment. File a motion to dismiss, and if both parties agree, the court will close the case. You'll lose filing fees but can keep your agreements as a postnuptial agreement if desired. There's no penalty for reconciliation attempts.

Take the Next Step

An uncontested divorce in Illinois offers a path to end your marriage with dignity, efficiency, and minimal cost—but only if done correctly. While the process seems straightforward, the details matter immensely. One overlooked asset, vague parenting provision, or tax misstep can create years of problems.

If you're ready to move forward with your uncontested divorce, schedule a consultation with our team at Beermann LLP. We'll review your situation, identify potential issues, and recommend the most cost-effective approach for your circumstances. Whether you need full representation or just document review, we'll ensure your divorce agreement protects your interests now and in the future.

Don't let a desire to save money today cost you significantly tomorrow. Call us at (847) 260-7330 to discuss your uncontested divorce options. With the right guidance, you can complete your divorce efficiently while building a solid foundation for your post-divorce life.

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Jonathan D. Steele is a partner at Beermann LLP, focusing on family law matters throughout Illinois. With over 20 years of experience, he has guided hundreds of couples through both contested and uncontested divorces. When he's not practicing law, Jonathan enjoys cycling along Lake Michigan and spending time with his three children.

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Jonathan D. Steele

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, CEH, ISC2). Illinois Super Lawyers Rising Star 2016-2025.

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