Uncontested Divorce in Illinois

When parties agree on everything, their divorce is uncontested. But understandably, it’s hard for most people to find an outcome that both parties are happy with.

If you do agree with your spouse on what to do, the court has specific documents and a special procedure to expedite the process. And you can get an even faster divorce with a joint simplified dissolution if you meet all of the requirements. In short, a joint simplified divorce is like an uncontested divorce for people with no assets and no kids (all requirements listed below).

The Definition of an Uncontested Divorce

An uncontested divorce is one where parties file for divorce already knowing they agree on all the divorce topics. The marital settlement agreement details their plan and agreement for each of the divorce topics:

• Property division
• Spousal maintenance
• Parental responsibilities
• Parenting time
• Child support

The last three topics only apply if you have children with the other party that are under 18. Most issues surrounding any children are outlined in the parenting plan.

Benefits of an Uncontested Divorce

The key benefits to an uncontested divorce are that they are easier, shorter, and cheaper.

• Easier – They are less stressful because there is less arguing.
• Shorter – They go faster because there is less disagreement and there is a specific process for them.
• Cheaper – They are cheaper because you don’t need as much help from an attorney.

As great as they can be, most divorcing couples can’t get an uncontested divorce because they don’t agree on one or more topics.

Uncontested Divorce Requirements

There are only two requirements that need to be met to get an uncontested divorce:

• Agree on all the divorce issues and
• Meet Illinois’s residency requirements.

If you meet both requirements, then you can begin the process and file for your divorce.

The Uncontested Divorce Process in Illinois

An uncontested divorce usually takes a couple months but can last as long as six months or more. To start the uncontested divorce process, you or the other party files the necessary paperwork with your county’s clerk of courts. Whoever files has to serve the other party or that other party must sign an Entry of Appearance.

After the initial filing and response, the court schedules your hearing. Both parties attend the hearing to see whether the court approves their agreement. If all the papers are in order and if the agreement is fair for each party, then the divorce can finish. To finalize the divorce, the judge signs the final dissolution judgment.

Uncontested by Default

Another way a divorce can be uncontested is if one party files and the other party doesn’t respond. If they don’t file their response, the case will go on without the other spouse, and the court will make decisions based on what the first spouse says.

Joint Simplified Dissolution of Marriage

A joint simplified divorce is similar to an uncontested divorce in that you and the other party must agree on everything. There are less forms for the joint simplified divorce and the forms are easier to fill out. For this type of dissolution, there is usually only one court appearance required.

Requirements to Get a Joint Simplified Divorce

To get a joint simplified divorce, there are extra requirements that must be met.

1. The marriage must not have been more than 8 years in length.
2. Parties cannot have children together.
3. One or both parties must meet the residency requirements.
4. Parties must have lived six months apart or waive the need.
5. Neither party can rely on the other for support.
6. Both parties must waive any right to spousal support.
7. Neither party can own any real estate.
8. Parties must not share any retirement accounts.
9. Any individual retirement accounts must have a combined value of under $10,000.
10. All marital property minus all debts must be under $50,000.
11. The gross income between the parties must be under $60,000 with neither party making more than $30,000 per year.
12. Parties must have told each other about all assets, liabilities, and tax returns for every year in the marriage.
13. Parties must have created a mutual agreement dividing all assets worth more than $100 and assigning all debts.
14. There must be a written agreement allocating ownership of any companion animals.^[1]

If you meet each of these requirements, you are eligible for a joint simplified divorce and can begin the process.

Joint Simplified Divorce Process and Procedure

A joint simplified divorce is much simpler than a standard divorce. There are three key steps. First, you must file the necessary forms and have the final hearing scheduled. Then, you have to divide all the property and debts according to the agreement you submitted when filing.

Finally, at the final hearing, the judge will review all the documents and make sure things were split evenly enough. If everything is in order, the judge issues a final judgment of dissolution.

Considerations