Uncontested Divorce
How do I start an uncontested divorce in Illinois?
An uncontested divorce begins when one spouse files a Petition for Dissolution of Marriage in an appropriate Illinois county. The other spouse must then be properly served or voluntarily participate in the proceedings, typically by filing an appearance.
Before finalizing the divorce, both spouses must reach an agreement on all necessary issues, including property division, debts, maintenance, and, if applicable, parenting time and child support.
At LaRocque Law, we generally recommend working toward a complete agreement before filing when circumstances permit. This allows us to prepare the necessary documents and move the case toward final judgment without unnecessary court appearances or litigation.
What documents do I need for an uncontested divorce?
The documents depend on your financial circumstances and whether you have children. Generally, we ask clients to provide recent pay statements, tax returns, bank and retirement account statements, mortgage information, outstanding loan balances, and other documents necessary to identify and divide marital assets and debts.
The court documents typically include a Petition for Dissolution of Marriage, a Judgment for Dissolution of Marriage, and a Marital Settlement Agreement. If you have minor children, additional documents may include an Allocation Judgment and Parenting Plan, child support calculations, and certificates showing completion of any required parenting education program.
We provide a checklist identifying exactly what is needed for your case.
750 ILCS 5/502 and 750 ILCS 5/602.10.
How long does an uncontested divorce take in Illinois?
An uncontested divorce can sometimes be finalized within a few weeks, although some cases take several months. The timeline depends on whether the parties have reached a complete agreement, how quickly the necessary documents are prepared and signed, and the court's scheduling procedures.
Illinois does not impose a mandatory waiting period simply because a couple wants a divorce. However, at least one spouse must satisfy the state's 90-day residency or qualifying military-presence requirement before judgment can be entered.
When both spouses agree on all necessary terms before filing, the process can often move considerably faster than a contested divorce.
How much does an uncontested divorce cost in Chicago?
The cost depends primarily on whether the parties have already reached a complete agreement.
An uncontested divorce is generally less expensive than a contested divorce because it avoids extensive negotiations, discovery, motions, and trial preparation. However, even an agreed divorce requires properly drafted settlement documents, financial review, and court approval.
At LaRocque Law, we offer hourly billing against a retainer and may offer flat-fee arrangements for qualifying uncontested matters. We discuss the anticipated fees and billing structure during the consultation so you understand the expected costs before proceeding.
Court filing fees and other applicable expenses are separate from attorney's fees.
If we agree on everything, why would the court not approve our divorce agreement?
Even when both spouses agree, the court must determine whether the agreement satisfies Illinois law.
Under 750 ILCS 5/502, agreements concerning property division and maintenance are generally binding on the court unless the court finds them unconscionable. However, agreements concerning children receive additional scrutiny because the court must consider applicable child support requirements and the child's best interests.
An agreement may require revisions if it omits necessary provisions, fails to adequately address support, contains an unexplained deviation from applicable guidelines, or includes parenting arrangements that do not serve the child's best interests.
The court does not require every property division to be equal. However, a substantially unequal division may warrant additional explanation to establish that the agreement is fair, voluntary, and not unconscionable.
750 ILCS 5/502 and 750 ILCS 5/602.10.
Do we both need attorneys for an uncontested divorce?
No. Illinois does not require both spouses to hire attorneys to obtain an uncontested divorce.
However, one attorney generally cannot represent both spouses because their legal interests may conflict, even when they agree on the terms. One spouse may retain an attorney to prepare the necessary documents while the other remains unrepresented or retains separate counsel.
Having separate attorneys may also affect how the divorce can be finalized. In Cook County, the prove-up-by-affidavit procedure is available when both spouses are represented by attorneys and the applicable court requirements are satisfied.
Illinois Rules of Professional Conduct, Rule 1.7, Cook County General Administrative Order 2025 D 2 – Prove-Up Via Affidavit.
What is a prove-up hearing in Cook County?
A prove-up is the final court proceeding used to finalize an uncontested divorce.
During a traditional prove-up, the court receives testimony establishing the legal requirements for dissolution, including jurisdiction, irreconcilable differences, and the parties' agreement concerning the terms of their divorce. The judge also reviews the necessary settlement documents before entering the Judgment for Dissolution of Marriage.
In Cook County, an eligible uncontested divorce may be finalized through a prove-up by affidavit when both spouses are represented by counsel. Instead of appearing to provide live testimony, the spouses submit sworn affidavits and the required supporting documents for the court's review.
When the affidavit procedure is unavailable, the case generally proceeds through a scheduled prove-up hearing, which may be conducted remotely or in person depending on the applicable court procedures.
Our guide to prove-up by affidavit in Cook County explains the process in greater detail.
Cook County General Administrative Order 2025 D 2 – Prove-Up Via Affidavit.
Can we finish our divorce without going to court?
Possibly. Illinois courts have procedures that may allow an uncontested divorce to be finalized without either spouse personally appearing before a judge.
Cook County
Cook County permits eligible uncontested divorces to proceed by affidavit when both spouses are represented by attorneys. Each spouse signs a sworn affidavit, and counsel submits the required agreements, proposed judgment, and supporting documents for court review. If the requirements are satisfied and the court approves the submissions, the divorce may be finalized without a personal appearance.
DuPage County
DuPage County has its own procedures for scheduling and conducting uncontested prove-ups. Depending on the circumstances and the court's requirements, an agreed divorce may be finalized through an authorized affidavit procedure or a scheduled hearing.
Will County
Will County also follows its own procedures for uncontested divorce hearings. Whether an appearance is required, and whether that appearance must be in person or may be conducted remotely, depends on the applicable court rules and scheduling instructions.
Regardless of the county, the divorce is not final until the court enters the Judgment for Dissolution of Marriage.
Cook County General Administrative Order 2025 D 2 and DuPage County Circuit Court.
When does an uncontested divorce become contested?
An uncontested divorce becomes contested when the spouses cannot agree on one or more issues necessary to finalize the case.
Common disagreements involve the marital home, property division, maintenance, child support, or parenting arrangements. However, disagreement over a single issue does not necessarily mean the entire case must go to trial.
The parties can often document the terms they have resolved and continue negotiating or mediating the remaining issues. If an agreement cannot be reached, the court may need to decide the unresolved matters.
At LaRocque Law, we focus on narrowing disputes rather than litigating issues that have already been resolved. If you and your spouse agree on almost everything, we can help evaluate whether the remaining disagreement justifies the time and expense of litigation.
Learn more about uncontested divorce in Illinois.