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Uncontested Divorce in Illinois: The Fast, Affordable Path

An uncontested divorce is when both spouses agree on everything — property, custody, support. It's the fastest, cheapest way to divorce in Illinois. Here's how to know if it's right for you and how to do it.

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What Makes a Divorce 'Uncontested'

You and your spouse agree on ALL of the following:

  • Division of all property and assets
  • Division of all debts
  • Spousal support (if any)
  • Child custody and parenting schedule
  • Child support amount
  • Any other issues (pets, insurance, etc.)

Benefits of Uncontested Divorce

Much cheaper

Typically $500–$3,000 total vs. $15,000–$50,000+ for contested. You may only pay the $300–$400 filing fee if you do it yourself.

Much faster

Can be finalized in as little as None (6-month separation if contested) (the mandatory waiting period) instead of 1–3 years.

Less stressful

No courtroom battles, no depositions, no hostile negotiations. Better for your mental health and your children.

More control

You and your spouse decide the terms — not a judge who doesn't know your family.

How to File in Illinois

1

Agree on all terms

Work out every detail with your spouse. Write it all down in a marital settlement agreement.

2

Prepare the forms

Get the required forms from your county courthouse or Illinois court website. Many counties have self-help centers.

3

File the petition

File with the court and pay the $300–$400 filing fee (waiver available for low income).

4

Serve your spouse

Even in uncontested cases, formal service is usually required. Your spouse may be able to waive formal service by signing an acceptance.

5

Submit your agreement

File your signed settlement agreement with the court.

6

Attend hearing (if required)

Some Illinois courts require a brief hearing. Others finalize on paper. Check your county's requirements.

Every situation is different

Not sure if you qualify for uncontested divorce in Illinois? Tell our AI advisor about your situation.

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Legal Disclaimer: This article covers Illinois divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Illinois family law attorney for advice specific to your situation.