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Guide to Uncontested Divorce in Illinois

December 23, 2025

Uncontested / Simple Divorce in Illinois: A Plain-English Guide

If you and your spouse agree that the marriage is over and you don’t want a long, expensive court fight, an uncontested divorce in Illinois can be a simpler way to legally end your marriage. Instead of battling in front of a judge, the focus is on using the Illinois Supreme Court Approved Statewide Forms, meeting deadlines, following local county procedures, and giving the court a complete packet so your divorce can be granted with minimal delay.

This guide explains how simple divorce in Illinois typically works: who qualifies, the basic steps, how long it might take, what it may cost, and where a do-it-yourself approach and a self-help kit can fit into the process.

Important: PlainDivorce is not a law firm. Nothing here is legal advice. This is general legal information only. Court rules, forms, and fees change, and every case is different. If you are unsure about your rights, your safety, your immigration status, or whether an agreement is fair, you should talk to an Illinois family law lawyer or legal aid clinic.

Table of Contents

uncontested divorce in Illinois

1. What Is an Uncontested or Simple Divorce in Illinois?

In Illinois, there isn’t one official court label called “simple divorce.” People usually use phrases like uncontested divorce or simple divorce to describe a case where both spouses agree the marriage (or civil union) should end and they agree on all major issues, including property, debts, and (if applicable) parenting and support.

The legal ground in most Illinois divorces is irreconcilable differences. In plain English: the relationship has broken down and cannot be repaired. You generally do not need to prove wrongdoing like adultery or cruelty.

Illinois terminology note (children): In modern Illinois cases, you will often see child-related issues described as Allocation of Parental Responsibilities (decision making) and Parenting Time (the schedule), rather than older everyday terms.

Illinois also has a special streamlined option called a Joint Simplified Dissolution of Marriage. It is designed for shorter, lower asset marriages that meet strict requirements. If you do not qualify, you can still complete a regular uncontested divorce using the statewide approved forms.

Joint Simplified Dissolution quick checklist (plain text):

Usually “Simplified” if ALL are true:

  • Married under 8 years
  • No minor or dependent children (and no pregnancy)
  • No real estate
  • Limited income and assets (check the current thresholds)
  • Agreement to divide everything and typically waive maintenance

If any answer is “no,” you typically use the regular divorce process (still can be uncontested).

2. Who Qualifies for an Uncontested Divorce in Illinois?

To get divorced in Illinois, you must meet residency requirements and have a legally recognized ground (usually irreconcilable differences).

Residency requirements

In many cases, at least one spouse must have lived in Illinois for at least 90 days before the court can grant the divorce. You typically file in the Circuit Court of a county where either spouse lives.

When is a case a good fit for uncontested divorce?

You may be a good fit for an uncontested divorce in Illinois if you and your spouse can agree on:

  • Division of property and debts
  • Spousal maintenance (if any)
  • If you have children: allocation of parental responsibilities, parenting time, and child support

If there is domestic violence, coercion, hidden assets, serious safety concerns, or major disputes about children or finances, consider legal advice before relying on a DIY approach.

3. Step-by-Step Overview of the Uncontested Illinois Divorce Process

Uncontested divorces are still formal court cases. The best DIY outcomes come from using the Illinois Supreme Court Approved Statewide Forms and carefully following your county’s Circuit Clerk instructions. Courts commonly reject filings that use unofficial templates or outdated forms.

Step 1 – Confirm your track (Joint Simplified vs. regular uncontested)

First, confirm whether you qualify for Joint Simplified Dissolution. If not, you can still do a regular uncontested divorce when you have full agreement.

Step 2 – Get your agreement clear (property, debts, and children if applicable)

Most uncontested cases rely on a written Marital Settlement Agreement (MSA). If you have children, you will also typically prepare a Parenting Plan. Your documents do not need fancy wording, but they do need to be complete, consistent, and realistic.

Step 3 – Prepare the forms (use approved statewide forms and include the “Vital Stats” hard stop)

In many uncontested cases, your package includes items like:

  • Petition for Dissolution of Marriage/Civil Union (or a joint version when applicable)
  • Summons (if one spouse files and the other must be served)
  • Entry of Appearance (often used when the other spouse participates without formal service, where allowed)
  • Financial Affidavit and related disclosures (as required)
  • Marital Settlement Agreement (MSA)
  • If you have children: a Parenting Plan plus required child support documents
  • Proposed Judgment of Dissolution (the final order the judge signs)
  • Certificate of Dissolution of Marriage/Civil Union (IDPH reporting form that the clerk sends to the state; missing this can delay closing the case)

Why the Certificate matters: It is the state reporting form the Circuit Clerk uses to register the divorce with the Illinois Department of Public Health. If it is missing or incomplete, your paperwork may be rejected or your case may not close cleanly.

Step 4 – File your case (Odyssey eFileIL in most counties, with an exemption option)

In most Illinois counties, divorce filings are submitted electronically through Odyssey eFileIL. Some self-represented filers may qualify to request a Certification for Exemption from E-Filing if they cannot e-file due to lack of access or ability. Always check your county’s Circuit Clerk website for how exemptions are handled locally.

Step 5 – Service (or the Entry of Appearance shortcut)

If only one spouse files, Illinois generally requires the other spouse to be properly notified. That can happen through sheriff service, a process server, or (in many cooperative cases) a signed Entry of Appearance that avoids formal service steps. Joint Simplified filings are typically filed together, so service is usually not an issue.

Step 6 – Final court date (often called “prove up,” “final hearing,” or “default hearing”)

Many uncontested Illinois divorces still end with a short final appearance where the judge confirms basic facts and reviews your agreement. Some counties still use the term prove up, while others use labels like final hearing or default hearing. The idea is the same: the judge verifies the paperwork and, if everything is in order, signs the Judgment of Dissolution.

Step 7 – Get your signed Judgment and certified copies

Once the judge signs and the clerk files your Judgment of Dissolution, your marriage ends on the date stated in that order. Keep copies in a safe place and request certified copies if you will need official proof for name changes, benefits, or other paperwork.

4. Special Issues When You Have Children

If you have minor children, the court reviews parenting and support terms more closely, even when you agree. Your Parenting Plan should clearly address decision making (allocation of parental responsibilities), parenting time schedules, transportation, holidays, and communication. Child support should be handled using the guideline framework or a documented reason to deviate, depending on local practice.

Many counties also require parent education classes or additional local forms in cases with children. Always check your county’s Circuit Clerk requirements early so your case does not stall at the end.

5. How Long Does an Uncontested Divorce Take in Illinois?

Timelines vary by county and how complete your paperwork is. Many uncontested cases finish in 2–6 months from filing to a signed judgment, but delays are common when e-filing is rejected, financial disclosures are incomplete, the Certificate of Dissolution is missing, or the court calendar is crowded.

A Joint Simplified Dissolution can be faster when you qualify because the process is designed to be streamlined.

6. What Does an Uncontested Divorce Cost in Illinois?

Filing fees vary a lot by county, and some counties are higher than others. Many people see filing fees in the several-hundred-dollar range. For example, DuPage County lists $348 for dissolution filings (with or without children). Always confirm your county’s current fee schedule before you file.

  • Court filing fee: often in the $300+ range, county dependent
  • Service costs: if your spouse must be served (can be reduced or avoided in cooperative cases with proper appearance paperwork)
  • E-filing vendor or card fees: may apply depending on payment method and county systems
  • Certified copies: for official proof of the Judgment
  • Optional costs: mediation, document review, or limited-scope legal advice

7. When a DIY Divorce Might Not Be Right for You

A do-it-yourself approach is not safe or realistic for everyone. Be cautious about going fully DIY if there is domestic violence, threats, intimidation, hidden assets, complex business/property issues, serious immigration or tax concerns, or major disagreements about children. In those situations, consider legal advice before you sign or file anything.

8. Where a Self-Help Divorce Kit Fits Into the Illinois Process

Even when your case is uncontested, Illinois divorce paperwork can feel overwhelming, especially with e-filing requirements and the need to use the correct Approved Statewide Forms. A self-help kit is not legal advice, but it can help you stay organized with checklists, filing order, and common “gotchas” like missing administrative forms.

Download Our Illinois Uncontested Divorce Self-Help Kit

PlainDivorce does not replace up-to-date official instructions from your county. You are always responsible for checking the latest county rules, approved forms, e-filing requirements, and fees before you file.

9. Final Thoughts and Next Steps

If you and your spouse are on the same page, an uncontested divorce in Illinois is usually more predictable, cheaper, and less stressful than a contested case. The keys are using the Illinois Supreme Court Approved Statewide Forms, following your county’s filing process, and submitting a complete packet, including the Certificate of Dissolution of Marriage/Civil Union so the case can be properly recorded and closed.

  • Confirm residency and venue (the right county Circuit Court).
  • Decide whether you qualify for Joint Simplified Dissolution.
  • Use approved statewide forms, not generic templates.
  • Plan for e-filing through Odyssey eFileIL, or learn how to request an exemption if needed.
  • Expect a short final court date (often called prove up, final hearing, or default hearing depending on the county).
  • Get certified copies of the Judgment after it is entered.

Remember: this guide is legal information, not legal advice. Always confirm details with official Illinois court resources and your county Circuit Clerk before you file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.