For many Illinois couples, an uncontested divorce is far preferable to a knock-out drag-out contested divorce. It is much less expensive, less contentious, and less disruptive to children. To qualify for an uncontested divorce, you need to agree on every issue. Any disagreement could mean the case must go to trial.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help clients seek resolution of their divorce to aim for an uncontested divorce whenever possible.
The Legal Definition of an Uncontested Divorce in Illinois
An uncontested divorce can occur when both spouses agree on all of the legal issues. This might include, but is not limited to:
- Division of marital and non-marital property
- Allocation of debts
- Spousal maintenance
- Parenting responsibilities
- Parenting time
- Child support calculations under Illinois guidelines
If you can both agree on everything, the case can proceed as uncontested. If it becomes contested in any way, the case becomes a contested divorce.
Agreement on Grounds for Divorce
Illinois is a no-fault divorce state. The only grounds the court now recognizes are “irreconcilable differences.” This simply means the marriage is broken and cannot be fixed. For uncontested cases, the parties agree to this ground in their documents.
If one spouse disputes the grounds or refuses to cooperate, the case cannot proceed as uncontested.
Full Agreement on Property Division
To qualify as uncontested, spouses must agree on how to divide:
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Personal property
- Business interests
- Debts and loans
Illinois follows an equitable distribution system. The court divides assets fairly, but not necessarily equally. In most cases, the parties decide what is fair to them in an uncontested divorce.
Agreement on Spousal Maintenance
If maintenance (alimony) is an issue, spouses must agree on:
- Whether maintenance will be paid
- The amount
- The duration
- The method of payment
If both spouses waive maintenance, they must make that clear in their agreement.
Agreement on Parenting Issues
When minor children are involved, an uncontested divorce requires a complete agreement on:
- Parenting responsibilities
- Parenting time schedules
- Holiday and vacation arrangements
- Transportation and exchanges
- Communication expectations
- Child support amounts under Illinois guidelines
Parents must submit a Parenting Plan that complies with Illinois law.
When an Uncontested Divorce Isn’t an Option
Illinois offers a streamlined version of uncontested divorce called a joint simplified dissolution, but only couples who meet strict criteria can use it. Requirements include:
- No minor children
- Marriage under eight years
- Limited assets and debts
- No real estate
- Both spouses waive maintenance
- Combined income under a certain threshold
What Happens When Everything Is Agreed Upon
Once spouses reach full agreement, the uncontested divorce process typically follows these steps:
- Drafting the marital settlement agreement
- Completing required forms, including the parenting plan if applicable
- Filing the petition for dissolution
- Scheduling a prove-up hearing
- Attending the brief hearing, where the judge reviews the documents
- Receiving the final Judgment for Dissolution of Marriage
Most uncontested divorces in Illinois finalize within two to four months, depending on county scheduling and how quickly spouses complete paperwork.
Benefits of an Uncontested Divorce
Couples who qualify for an uncontested divorce often experience:
- Lower legal costs
- Faster resolution
- Less stress and conflict
- More control over the outcome
- A smoother transition for children
Because both spouses work together to create the terms, the process is generally more predictable and cooperative.
When Legal Guidance Helps
Even uncontested divorces require careful drafting to ensure documents comply with Illinois law. An attorney can help:
- Prepare or review the settlement agreement
- Ensure parenting plans meet statutory requirements
- Avoid errors that delay the prove-up hearing
- Protect long-term financial and parental rights
With the right preparation, an uncontested divorce can be a straightforward and efficient way to end a marriage in Illinois.
Get Help with an Illinois Uncontested Divorce
An Illinois divorce attorney is ready to help you. Our team helps you negotiate a resolution to your case and proceed with an uncontested divorce whenever possible. We’re also ready and capable if the case must go to trial.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.