Uncontested Divorce in Illinois: Requirements, Process, and Timeline

An uncontested divorce in Illinois means both spouses agree on every issue — property division, debts, support, and (if applicable) parenting arrangements. When that agreement holds, you can finalize the case in as little as 2 to 4 months and avoid the $10,000 to $30,000 price tag of a contested proceeding.

Two Uncontested Tracks: Standard vs. Joint Simplified

Illinois offers two uncontested paths, and qualifying for the right one saves time and paperwork.

Joint Simplified Dissolution (750 ILCS 5/452) is the fastest option. Both spouses file together, attend one prove-up hearing, and walk out with a final decree. The catch: you must meet every statutory requirement — no minor children, married less than 8 years, combined gross income below a statutory threshold, no real estate, and total marital property under $50,000.

Standard Uncontested Dissolution is available to everyone else who has reached a full agreement. One spouse files the petition, serves the other, and they submit a signed Marital Settlement Agreement. There is no income cap, no property limit, and no restriction based on children.

If you have children, significant assets, or a longer marriage, the standard path is your only uncontested option.

What You Need to File

For a standard uncontested divorce:

1. Petition for Dissolution of Marriage — filed by the petitioner through the Odyssey eFileIL system
2. Summons — or an Entry of Appearance if the respondent waives formal service
3. Marital Settlement Agreement — the written agreement covering every term of the divorce
4. Financial Affidavit — both sides exchange sworn financial disclosures
5. Parenting Plan (if children) — must be filed within 120 days of the respondent's appearance
6. Parenting education certificates (if children) — both parents must complete an approved course

For a joint simplified dissolution, both spouses sign a Joint Petition for Simplified Dissolution and a Joint Separation Agreement.

What It Costs

Filing fees range from approximately $300 to $400 depending on your county ($388 in Cook County, $343 in DuPage). If your household income is at or below 125% of the federal poverty level, you qualify for a full fee waiver. Illinois also offers partial waivers on a sliding scale up to 200% of poverty.

Skip the process server fee entirely by having the respondent sign an Entry of Appearance. That single document eliminates the $50 to $100 sheriff service charge.

How Fast Can You Finalize?

Illinois has no statutory waiting period to file or finalize a divorce. The practical timeline depends on:

• 30-day response window — starts when the respondent is served (waived if they file an Entry of Appearance immediately)
• Court calendar — high-volume counties like Cook and Will have longer docket waits for prove-up dates
• Parenting education — certificates must be on file before the judge will enter the decree
• 120-day parenting plan deadline — if children are involved

A childless couple in a lower-volume county who agree on everything can finalize in 6 to 8 weeks. With children, expect 3 to 4 months due to the education requirement and parenting plan timeline.

When Uncontested Becomes Contested

An uncontested divorce is a status, not a permanent track. It flips to contested the moment either spouse disputes any term — the value of a retirement account, who keeps the car, or how parenting time is split. Once contested, the court orders formal discovery, status conferences, and potentially mandatory mediation.

If you sense disagreement emerging on any issue, address it before filing. Negotiating terms in advance is cheaper and faster than litigating them after the case is open.

Getting the Paperwork Right the First Time

The Illinois Divorce Filing Process Guide includes a pre-filing checklist, asset-and-debt inventory worksheet, and the exact Odyssey e-filing sequence — so you submit clean paperwork that the clerk accepts on the first try.

See more Illinois guides →