Uncontested Divorce in Illinois — Joint Simplified Dissolution, Flat Fee Pricing and Cook County Filing

Illinois updated its divorce law to make agreed cases simpler. This guide to uncontested divorce in Illinois explains residency, the joint simplified option and the documents you need, with flat fee pricing.

Illinois calls divorce a "dissolution of marriage". The only ground is irreconcilable differences. Moreover, there is no mandatory waiting period once you file. Consequently, a complete agreement can move quickly.

Whether you file in Cook County, DuPage, Lake, Will or downstate, the statute is the same. However, local court rules and courthouse practices differ. Therefore, county-specific instructions save time.

Illinois residency and grounds

At least one spouse must have lived in Illinois for 90 days before the court makes its findings. As a result, Illinois has one of the shorter residency periods in the country.

Irreconcilable differences is the only ground. If spouses have lived separate and apart for six months, there is an irrebuttable presumption that the requirement is met. However, separation is not required to file. Consequently, agreed couples can start right away.

Joint simplified dissolution

Illinois offers a joint simplified dissolution for qualifying couples. Generally, the marriage must be short, there must be no children together, and assets and incomes must be below set limits. Furthermore, neither spouse can own real estate, and both must waive maintenance.

Both spouses file together and appear together at a short hearing. In many cases, the judgment is entered the same day. However, if you do not qualify, the regular uncontested process still works well.

The regular uncontested process

One spouse files a Petition for Dissolution of Marriage. The other files an appearance or is served. Then both sign a Marital Settlement Agreement, and the court enters a Judgment for Dissolution of Marriage. Our Marital Settlement Agreement service drafts the agreement to Illinois standards.

Property and maintenance in Illinois

Illinois is an equitable distribution state. Marital property is divided in "just proportions", which is not always equal. Meanwhile, non-marital property, such as pre-marriage assets and inheritances, generally stays with its owner.

Illinois also uses a statutory formula for maintenance in many cases. It applies to combined incomes under a set threshold, with duration based on the length of the marriage. However, spouses can agree to different terms.

Retirement accounts often require a QDRO. Therefore, cover them in your agreement.

Parenting allocation and child support

Illinois no longer uses the word "custody". Instead, it uses "allocation of parental responsibilities", covering decision-making and parenting time. Parents submit a parenting plan, and the court enters an Allocation Judgment.

Our parenting plan service drafts an Illinois-ready plan. Moreover, many counties require parents to complete a parenting education program.

Child support uses an income-shares model based on both parents' net incomes. Our child support calculation worksheet estimates the guideline amount, including shared parenting adjustments.

Flat fee pricing and Illinois courts

Our Uncontested Divorce Documents start at $149 for Illinois. The standard package prepares your petition, settlement and judgment. Meanwhile, the premium package adds attorney review.

Circuit clerk filing fees are separate and vary by county. If needed, you can apply for a fee waiver.

In Chicago, divorce cases are heard by the Domestic Relations Division of the Circuit Court of Cook County at the Richard J. Daley Center. Similarly, DuPage County cases are heard at the Judicial Center in Wheaton. Book an uncontested divorce consultation, or read our flat fee uncontested divorce guide.

Mistakes that delay an Illinois divorce

Illinois agreed divorces usually move quickly. However, a few issues commonly slow them down. First, the 90-day residency must be met before the court makes its findings. Filing a little early is acceptable, but the prove-up cannot happen until residency is satisfied.

Second, the Marital Settlement Agreement must address every asset and debt. For instance, overlooked retirement accounts, vehicles titled in one name, or tax refunds can cause the judge to send the agreement back. Therefore, list everything, even small items.

Third, parenting plans must cover both decision-making and parenting time. In addition, the plan should include holidays, transportation and how future disputes will be handled. Vague plans often lead to requests for revisions.

Financial affidavits

Many Illinois counties require a Financial Affidavit from each spouse, even in agreed cases. Moreover, supporting documents such as tax returns and pay stubs may be required. As a result, gathering these early prevents a continued hearing.

Name changes

If a spouse wants to restore a former name, include it in the judgment. Otherwise, a separate name change case may be needed later. Consequently, decide this before the prove-up hearing.

Finally, confirm whether your county requires a parenting education class and when it must be completed. Cook County and many collar counties have specific deadlines. Therefore, enroll early so the certificate is ready for your court date.

A realistic Illinois timeline

Every case is different, but agreed Illinois divorces often follow a similar rhythm. First, in weeks one and two, you gather financial records and agree the key terms. Then your Marital Settlement Agreement and parenting plan are drafted.

Next, the petition is filed with the circuit clerk. The other spouse files an appearance or accepts service. Meanwhile, both spouses complete financial affidavits and any required parenting class.

The prove-up hearing

After that, the court schedules a short prove-up hearing. Usually, the petitioner testifies briefly about residency, the breakdown of the marriage and the agreement. Moreover, the judge confirms both spouses understand the terms. In many counties, this hearing can take place by video.

Finally, the judge signs the Judgment for Dissolution of Marriage. Consequently, many agreed Illinois cases finish within one to three months, depending on the court's calendar. Cook County can be busier than smaller counties, so plan accordingly.

After the judgment, complete the follow-up tasks. For example, transfer vehicle titles, refinance or quitclaim the home, and submit any QDRO to the plan administrator. As a result, the agreement is fully carried out.

Our Uncontested Divorce services in Illinois

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Illinois. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Uncontested Divorce across Illinois — cities we serve

We work with clients in every part of Illinois, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Illinois law and your county's local practice. Choose your city below to see local details and prices.

• Chicago: Uncontested Divorce Documents in Chicago · Uncontested divorce consultation in Chicago · Marital Settlement Agreement (MSA) in Chicago
• Aurora: Uncontested Divorce Documents in Aurora · Uncontested divorce consultation in Aurora · Marital Settlement Agreement (MSA) in Aurora
• Naperville: Uncontested Divorce Documents in Naperville · Uncontested divorce consultation in Naperville · Marital Settlement Agreement (MSA) in Naperville
• Joliet: Uncontested Divorce Documents in Joliet · Uncontested divorce consultation in Joliet · Marital Settlement Agreement (MSA) in Joliet
• Rockford: Uncontested Divorce Documents in Rockford · Uncontested divorce consultation in Rockford · Marital Settlement Agreement (MSA) in Rockford
• Springfield: Uncontested Divorce Documents in Springfield · Uncontested divorce consultation in Springfield · Marital Settlement Agreement (MSA) in Springfield
• Elgin: Uncontested Divorce Documents in Elgin · Uncontested divorce consultation in Elgin · Marital Settlement Agreement (MSA) in Elgin
• Peoria: Uncontested Divorce Documents in Peoria · Uncontested divorce consultation in Peoria · Marital Settlement Agreement (MSA) in Peoria
• Evanston: Uncontested Divorce Documents in Evanston · Uncontested divorce consultation in Evanston · Marital Settlement Agreement (MSA) in Evanston
• Schaumburg: Uncontested Divorce Documents in Schaumburg · Uncontested divorce consultation in Schaumburg · Marital Settlement Agreement (MSA) in Schaumburg

More Illinois services

Uncontested divorce consultation in Illinois · Marital Settlement Agreement (MSA) in Illinois · Parenting Plan / Custody Agreement in Illinois · Child Support Calculation Worksheet in Illinois · Qualified Domestic Relations Order (QDRO) in Illinois · Response to Divorce Petition in Illinois. See all legal services in Illinois.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Uncontested Divorce Documents in Indiana, Uncontested Divorce Documents in Wisconsin, Uncontested Divorce Documents in Missouri, Uncontested Divorce Documents in Iowa, Uncontested Divorce Documents in Kentucky. See every location we cover.

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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.