Illinois Uncontested Divorce
File an uncontested divorce in Illinois without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (2-4 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$10,000-$$25,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in Illinois?
To file an uncontested divorce in Illinois, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in Illinois for 3 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
Illinois Joint Simplified Dissolution
Illinois offers a Joint Simplified Dissolution procedure for qualifying couples under 750 ILCS 5/451-452. Both parties jointly file the petition. Both must appear at the court hearing (no service of process needed). Both must appear before the judge. Court enters judgment at the hearing if all requirements are satisfied. There is a 30-day waiting period after filing before judgment can be entered. This is the fastest and cheapest path to divorce in Illinois for those who qualify.
Requirements for Joint Simplified Dissolution
At least one party meets the 90-day residency requirement
Irreconcilable differences requirements of Section 401 are met
No children born of or adopted during the marriage; wife is not pregnant
Marriage duration of 8 years or less
Total marital property value less than $50,000 (fair market value after deducting encumbrances)
Combined gross annual income less than $60,000
Neither party's individual gross annual income exceeds $30,000
Neither party has any interest in real property
No retirement benefits unless exclusively in IRAs with combined value less than $10,000
Neither party is dependent on the other for support, or both waive maintenance
Both parties have disclosed all assets, liabilities, and tax returns for all years of the marriage
Written agreement executed allocating ownership and responsibility for any companion animals
Both parties have signed a Joint Simplified Dissolution Agreement dividing all marital property and debts
How to File an Uncontested Divorce in Illinois
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 2 required forms for Illinois. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $337 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
Illinois does not have a mandatory waiting period, so your case can move forward quickly.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your Illinois forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Both parties must fully disclose all assets and debts. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow Illinois's service rules carefully.