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Uncontested Divorce in Chicago
You've reached an agreement. Our attorneys make sure it's drafted right and entered cleanly.
What makes a divorce uncontested in Illinois
An uncontested divorce is the fastest and least expensive way to end a marriage in Illinois, and in Cook County most never require a court appearance. LaRocque Law handles uncontested divorces across Cook, DuPage, and Will Counties from our West Loop office: the settlement agreement, the parenting plan, the filing, and the final prove-up. Rebecca LaRocque has focused on Illinois family law her entire career and is involved in every case, alongside our other attorneys and support team.
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A divorce is uncontested when both spouses agree on every issue the court has to resolve: property and debt, maintenance, and, if there are children, parenting time, allocation of parental responsibilities, and child support.
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You do not have to walk in with everything settled. Most people agree on the substance and need help with the details: who refinances the house and by when, how a 401(k) gets split, what happens if one of you moves. Working those out is still an uncontested divorce, as long as both of you are cooperating.
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Illinois is a no-fault state. The only ground is irreconcilable differences, and six months living separate and apart, even under one roof, creates an irrebuttable presumption that it is met. One of you must have lived in Illinois at least 90 days before judgment.
What has to be in the agreement
The settlement agreement will govern your finances, and possibly your children's lives, for years. Judges approve complete agreements and reject ones with gaps. Many post-decree disputes trace back to an agreement that skipped one of the items below. Done right, an uncontested divorce spares you the cost and stress of fixing a poorly drafted agreement later. Ours cover:
Every asset and debt, who gets it, and the deadline for any transfer
Retirement accounts, including whether a QDRO is needed and who prepares it
Maintenance, with the guideline calculation shown, or an explicit waiver
Child support under the income-shares guidelines, plus health insurance, medical costs, childcare, and extracurriculars
A parenting plan covering every item the statute requires, including relocation and holidays
Tax filing for the year of the divorce and who claims the children
What happens if one of you does not follow the agreement
How it works in Cook County
Cook County lets represented spouses finish an uncontested divorce entirely on paper.
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Consultation. We confirm what you have agreed to, identify what is still open, and quote the fee.
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Financial disclosure. Both spouses exchange a Financial Affidavit and supporting documents.
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Drafting. We prepare the petition, the settlement agreement, and, if there are children, the allocation judgment and parenting plan for your spouse to review.
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Filing. The petition is filed at the Daley Center or the suburban district for your address. Your spouse files an appearance rather than being served.
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Parenting class, if you have children. Both parents complete an approved program such as Children in Between Online (CIBO) or FOCUS on Children before judgment, agreed or not.
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Prove-up by affidavit. Instead of a hearing, each spouse signs a sworn affidavit confirming jurisdiction, irreconcilable differences, and that the agreement is voluntary and understood. We submit them with the proposed judgment, and the judge enters it from chambers. Both spouses must be represented for this route; our post on the Cook County prove-up by affidavit explains it.
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If the judge has a question about the paperwork, the case can be set for a short hearing, but that is the exception.
What to expect
How long it takes
The court is rarely the bottleneck. Some uncontested divorces wrap up quickly when everything is signed and ready, and others take months because a refinance has to close first. Nearly all of that time goes to finalizing the agreement and gathering documents. Once the prove-up package is submitted, judgment is typically entered within days.
What slows it down: a spouse who still needs an attorney, an unfinished parenting class, a refinance that has to close first, or a retirement account that needs a QDRO.
What it costs
Two people who agree on the house, the kids, and the money can be divorced in Cook County for far less than a contested case costs, and in far less time. We bill uncontested divorces hourly against a retainer that is much smaller than a contested case requires, and if you would rather have a fixed number, we can handle a genuinely agreed case for a flat fee quoted at the consultation. Court filing fees are separate and are the smallest part of the cost.
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The cost goes up when the agreement is not really final. If you still need to negotiate the parenting schedule or the value of a business, that is attorney time, and the earlier we know, the better the quote. We wrote a longer piece on how much a divorce actually costs in Illinois, and our child support and maintenance calculators let you run the numbers.
When it stops being uncontested
It happens more than you would expect, usually over one issue. The house is the most common: both want to keep it, or they cannot agree on a buyout number. Maintenance is second.
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One disputed issue does not send the whole case to trial. Everything you agree on stays agreed, and the open issue gets negotiated, mediated, or decided by a judge. Only that piece's timeline and cost change. If you are stuck on one thing, tell us at the consultation and we will price it honestly. Our contested divorce page covers what happens when more is disputed. Common questions are answered in our uncontested divorce FAQ.
DuPage and Will Counties
The law is the same statewide; the logistics are not. DuPage County runs every case through the courthouse in Wheaton and allows prove-up by affidavit when at least one spouse has an attorney; otherwise the prove-up is an in-person hearing, and scheduling takes more coordination because it cannot be set online at filing. Will County does not offer prove-up by affidavit; every uncontested divorce ends with an in-person hearing in Joliet. Which courthouse you belong in depends on where you live.
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"Rebecca helped me navigate all the confusing divorce paperwork and patiently answered every question I had. Her knowledge, professionalism, and support made a difficult process much easier." Patty T., client. Past results and client testimonials do not guarantee future outcomes; every case is unique.
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Cases are handled by Rebecca LaRocque and Tyler Keller. Family law only, in Cook, DuPage, and Will Counties.
Frequently asked questions
How do I start an uncontested divorce in Illinois?
One spouse files a Petition for Dissolution of Marriage in the county where either of you lives, and the other files an appearance. We usually file once the agreement is close so the case goes straight to prove-up.
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What documents do I need?
A recent Financial Affidavit with pay stubs, tax returns, account statements, and loan balances; the marriage certificate; and, if there are children, parenting class certificates. We provide a checklist.
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How long does an uncontested divorce take in Illinois?
Days to a few months, depending on how ready the paperwork is. Illinois has no mandatory waiting period for an agreed divorce.
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How much does an uncontested divorce cost in Chicago?
It depends on how much is truly agreed. A case where the settlement is complete costs far less than one where issues are still open, plus the court filing fees. We bill hourly against a retainer, or on a flat fee if you prefer certainty, and quote either one after the consultation.
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If we agree on everything, why would the court not approve it?
Judges reject agreements that are incomplete or look unconscionable: a parenting plan missing required provisions, support that deviates from the guidelines with no explanation, or a lopsided property split with no reason.
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Do we both need attorneys?
Not legally, but it helps. One attorney cannot represent both spouses, and in Cook County both need counsel to skip the hearing. In DuPage County, one attorney is enough.