An uncontested divorce is often the fastest, most cost-effective, and least stressful way to dissolve a marriage in Illinois. In an uncontested divorce, both spouses agree on all major issues of the marriage — including property division, debt allocation, child custody and parenting time, child support, and spousal maintenance (“alimony”). Because there are no disputes to resolve in court, the process can move forward smoothly and efficiently.

What Makes a Divorce “Uncontested”

Generally speaking, a divorce is considered uncontested when both spouses agree on all issues of the marriage AND are able to present to the court for approval a written marital settlement agreement addressing all issues of the marriage.

If there are minor children involved, a parenting plan, or “Allocation Judgment”, must also be agreed to by both parties and presented to the court for approval.

The terms of the marital settlement agreement and parenting plan must be fair, reasonable, and equitable.

Benefits of an Uncontested Divorce

• Faster resolution: Without multiple lengthy court hearings, most uncontested divorces are finalized in a matter of weeks or a few months, as typically there is only one hearing in the case (“Prove Up Hearing”).

• Lower costs: By minimizing conflict and attorney time, uncontested divorces typically cost far less than contested cases.

• Less stress: Cooperation allows both parties to move forward with less emotional strain.

• Privacy and control: You and your spouse make the decisions rather than leaving them to a judge.

Illinois Requirements to Obtain a Divorce

• Filing for divorce in Illinois: To file for divorce in Illinois, one or both spouses must be a resident of Illinois for at least 90 days prior to the filing of the case, or not less than 90 days before the final judgment is entered.  

• Which county to file in: You may file for divorce in the county in which you reside or the county in which your spouse resides. To file in a county where neither you or your spouse resides requires a motion and hearing.

• Grounds for divorce: The only required legal ground for divorce is irreconcilable differences, meaning the marriage has broken down beyond repair. If the spouses have been living in different places for at least six months, the court assumes that irreconcilable differences exist. Even if the spouses have been living under the same roof but “separated” (whether physically or mentally), the court would consider this enough to meet the six-month separation timeframe.

  Illinois is NOT an “at fault” state, and therefore, you do not need to prove misconduct or fault on by the other spouse to file for divorce.

How LZCounsel LLC Can Help

Even in uncontested cases, it is important to ensure that what you and your spouse have agreed to would be considered fair, reasonable, and equitable to the court. Our firm assists clients by:

• Drafting and reviewing settlement agreements, including mediation documents such as memorandums of understanding

• Preparing and filing court documents

• Guiding you through the final hearing to make the process as smooth as possible

An uncontested divorce can offer a clean, respectful path forward. LZCounsel LLC can help you navigate the paperwork and court process so you can focus on what comes next.