Uncontested divorce in Illinois

Who can use the process for agreed cases in Illinois

• Joint simplified divorce: married 8 years or less, no children together and no pregnancy, both agree, each earns $30,000 or less ($60,000 combined), no real estate, marital property under $50,000 after debts, retirement accounts under $10,000 combined, and both waive maintenance.
• Both spouses attend one hearing (750 ILCS 5/451-457).

Before you file in Illinois

Who can file (residency)

At least one spouse must have lived in Illinois for 90 days. You can file before the 90 days are up, but the judge can't grant the divorce until the 90th day. You usually file in the county where either spouse lives.

Waiting period

No fixed waiting period after filing (beyond the 90-day residency). If you have lived apart for at least 6 months in a row right before the judgment, the law treats irreconcilable differences as proven (an 'irrebuttable presumption'). Uncontested divorces often take about 6 months; contested ones can take much longer.

Law

750 ILCS 5/401(a) · 750 ILCS 5/401(a-5)

Forms, fees and filing in Illinois

Official forms

Divorce forms (Illinois courts)

Court self-help

Divorce self-help (Illinois courts)

If you can't afford the fee

File the statewide Application for Waiver of Court Fees (civil): https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/fee-waiver-civil

E-filing

Yes. Most filers, including self-represented people, must e-file (Odyssey eFileIL) unless exempt, for example because of a disability or no reliable internet access; see https://www.illinoiscourts.gov/self-help/how-to-e-file/ and the Supreme Court instructions.

If your spouse agrees to sign

Your spouse must be formally notified: served with the summons and petition by the sheriff or a special process server, or your spouse can file an Appearance and waive service.

If you agree on only some issues

Judges may order mediation, and many circuits require mediation of contested parenting issues (Ill. S. Ct. Rule 905). Spouses usually pay the mediator.

An uncontested divorce in Illinois, step by step

1. Check that you can file in Illinois

   At least one spouse must have lived in Illinois for 90 days.

2. See if you qualify for the simpler process

   Joint simplified divorce: married 8 years or less, no children together and no pregnancy, both agree, each earns $30,000 or less ($60,000 combined), no real estate, marital property under $50,000 after debts, retirement accounts under $10,000 combined, and both waive maintenance.

3. Fill in the official forms

   Use the court's official divorce forms: Divorce forms (Illinois courts)

4. File, and pay the fee or ask for a waiver

   Can't afford it? File the statewide Application for Waiver of Court Fees (civil): https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/fee-waiver-civil. Yes. Most filers, including self-represented people, must e-file (Odyssey eFileIL) unless exempt, for example because of a disability or no reliable internet access; see https://www.illinoiscourts.gov/self-help/how-to-e-file/ and the Supreme Court instructions.

5. Have your spouse sign or be served

   Your spouse must be formally notified: served with the summons and petition by the sheriff or a special process server, or your spouse can file an Appearance and waive service.

6. Wait out the waiting period

   No fixed waiting period after filing (beyond the 90-day residency).

7. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Illinois

More about divorce in Illinois

• All Illinois divorce laws
• Illinois divorce forms and filing fees
• Alimony in Illinois
• Child custody and support in Illinois
• Serving divorce papers in Illinois
• Divorce timeline estimator for Illinois
• Divorce checklist for Illinois
• Uncontested divorce: how it works
• Divorce waiting periods by state

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