When Can You Get an Uncontested Divorce in Illinois?

 Posted on November 27, 2025 in Family Law

An uncontested divorce is faster, cheaper, and less painful than a contested divorce, but it requires cooperation and compromise from both spouses. If you and your spouse are interested in getting an uncontested divorce, speak with our Wheaton, IL divorce attorneys today. 

What Are the Requirements for an Uncontested Divorce in Illinois?

Under 750 ILCS 5/401, at least one spouse must have lived in Illinois for at least 90 days before filing for divorce in the state. This ensures Illinois courts have jurisdiction over your case.

You must have a written settlement agreement covering all issues. Illinois courts will not grant an uncontested divorce based on verbal agreements or vague understandings; everything must be in writing and signed by both spouses. 

The agreement must address property division. You need to list all marital property and decide who gets what, and your agreement must divide assets in a way the court finds reasonable.

If you have children, your agreement must include a parenting plan. This plan allocates parental responsibilities, sets a parenting time schedule, and addresses decision-making authority. The court reviews parenting plans to ensure they serve the children's best interests.

Your agreement needs to include arrangements for child support that follow Illinois guidelines or an explanation why a deviation from guidelines is appropriate. It should include income information for both parents and show the support calculation. Courts scrutinize child support agreements carefully to protect children's rights. Likewise, alimony or spousal maintenance provisions must be agreed on by both spouses.

How Long Does an Uncontested Divorce Take?

Uncontested divorces in Illinois can be finalized relatively quickly compared to contested cases. Once you file your petition and settlement agreement, the court reviews the documents. If everything is in order, the judge can grant the divorce without requiring you to appear for a trial.

The minimum timeline is generally two to three months from filing to final judgment. Illinois does not have a waiting period once you file, but court processing and scheduling take time. Some counties move faster than others depending on how busy their court dockets are.

What Are the Benefits of an Uncontested Divorce?

Uncontested divorces cost a fraction of what contested divorces cost. You avoid extensive attorney fees for litigation, court hearings, depositions, and trial preparation. Many uncontested divorces can be handled for a few thousand dollars compared to tens of thousands for contested cases.

Uncontested divorces also resolve much more quickly – usually in months instead of potentially years. The sooner your divorce is final, the sooner you can make major life decisions about where to live, career changes, and new relationships.

Contested divorces involve court hearings where personal and financial information becomes public record. Uncontested divorces with settlement agreements keep most details private. Your agreement is filed with the court, but you avoid airing every grievance in open court.

What If You and Your Spouse Cannot Agree on Everything in Your Divorce?

Partial agreement is better than no agreement. If you agree on most issues but are stuck on one or two, mediation might help. A neutral mediator can facilitate discussions and help you find compromise on the remaining disputed issues.

Do You Still Need a Lawyer for an Uncontested Divorce?

A lawyer ensures any agreement you and your ex create follows Illinois law. Courts can reject settlement agreements that do not follow statutory requirements or that seem unfair, and this can cost you time and money. Having an attorney draft or review your agreement increases the likelihood the court will approve it. Even in uncontested cases, each spouse should have their own attorney. 

Call a DuPage County, IL Divorce Lawyer Today

An uncontested divorce offers a faster, cheaper, and less stressful way to end your marriage when you and your spouse can agree on the important issues. Understanding the requirements and getting proper legal guidance ensures the process goes smoothly. Contact a Wheaton, IL divorce attorney with NN Legal Group at 630-474-0925 for a free consultation about your uncontested divorce case. Hablamos español.