Illinois | Divorce.Pro

Uncontested Divorce in Illinois

To qualify for an uncontested divorce in Illinois, you must meet the following criteria:

Residency:
At least one spouse must have lived in Illinois for 90 days before filing.
Grounds for Divorce
Illinois is a no-fault divorce state. The only ground is irreconcilable differences, shown by:

Living separately for 6 months or more (this can be waived if both agree), and
Agreement that efforts to reconcile have failed and further attempts are not in the family’s best interest.

3..Full Agreement:
To proceed uncontested, both spouses must agree on all issues, including:
Division of property and debts
Spousal support (waived or agreed upon)
Parenting plan and child support (if applicable)

2. File the Forms with the Circuit Court

File in the county where either spouse resides.
Pay the filing fee (usually $250–$350 depending on the county).
If you cannot afford the fee, request a fee waiver (use Application for Waiver of Court Fees).

3. Serve Your Spouse (if not filing jointly)

If only one spouse files, the other must be served unless they sign an Entry of Appearance and Waiver of Service.

4. Court Hearing

In an uncontested case, a short court appearance is usually required.
The judge will ask basic questions and then sign the Final Judgment of Dissolution.

With Children:
- You must submit a Parenting Plan and Child Support Worksheet
- Child support must follow Illinois guidelines unless both parties agree to a deviation and the court approves
- Some counties require both parents to complete a parenting education class
Court Approval Required:
- The judge must approve your agreements and ensure they are fair and in the best interests of any children
Legal Advice Recommended:
- While you can file pro se (without an attorney), it’s wise to have a lawyer review your documents, especially if real estate, retirement funds, or custody are involved