Can We Draft Our Own Divorce Settlement in Illinois?

 Posted on July 14, 2026 in Divorce

Spouses in Illinois are allowed to create their own agreement on the terms of their divorce, and many do. What they cannot do is issue their own court order. The document that divorcing couples draft together is called a marital settlement agreement. Only a judge can enter the final Judgment for Dissolution of Marriage.

Anyone with questions about what they ought to put in their divorce decree in 2026 can ask a DuPage County, IL divorce attorney for assistance.

How Can Spouses in Illinois Write Their Own Divorce Agreement?

Illinois law explicitly allows spouses to draft their own divorce agreement. Spouses may enter into a written agreement addressing property division, spousal maintenance, parenting responsibilities, parenting time, and child support (750 ILCS 5/502). Illinois law even allows for provisions for pets in the divorce agreement.

Once submitted to the court, the agreement is incorporated into the judgment unless the court finds it unconscionable. This means they are so one-sided that enforcing them would be fundamentally unfair to one party.

Courts approve many agreements that spouses bring to them. Courts may be more likely to approve an agreement when both parties had legal counsel during the drafting process.

What Is a Simplified Dissolution of Marriage?

For couples who qualify, Illinois also offers a Joint Simplified Dissolution Procedure (750 ILCS 5/452). This is a streamlined process that may be completed in as little as 30 days.

To qualify, the couple must have no minor children and combined marital assets under $50,000. They must have a combined annual income under $60,000, with neither spouse having a gross annual income over $30,000. The marriage must have lasted less than eight years, and the couple must have no real estate. Both parties must waive maintenance.

If you are considering writing your own divorce decree and you meet all of these conditions, this may provide a quicker path to a finalized divorce in Illinois.

What Does an Illinois Marital Settlement Agreement Need to Cover?

A thorough marital settlement agreement should address several key issues. These include:

• Division of all marital property, including real estate, vehicles, bank accounts, and investments

• Responsibility for marital debts such as mortgages, credit cards, and loans

• Whether spousal maintenance will be paid, and if so, the amount and duration

• Allocation of parental responsibilities (decision-making authority) and a parenting time schedule for children

• Child support, calculated in compliance with Illinois guidelines

• How retirement accounts will be divided, if applicable

The court will take extra care in reviewing any provisions involving children. Illinois courts must ensure that parenting and child support terms serve the child's best interests. A parenting plan that both parents agree to can still be modified by the court if it finds the arrangement doesn't adequately protect the child.

What Are the Risks of Drafting a Divorce Agreement Without an Attorney?

It is always advisable to have legal counsel when creating a divorce agreement. Otherwise, couples risk agreeing to terms that may shortchange them in the long run.

Property division terms in a marital settlement agreement are not modifiable once incorporated into the final judgment. If you later realize you undervalued something or made a mistake in how you described a provision, the court has very limited ability to change it. Some assets may also be subject to tax penalties if handled incorrectly.

Ambiguous language is another common problem. A statement that seems clear at drafting can become a source of contention later. Ambiguous language can lead to future disputes and costly litigation over how a provision should be interpreted. This creates risk for whoever put the language together. Agreements that don't comply with Illinois law may also be rejected entirely by the court.

Working with an attorney while preparing your divorce agreement  can prevent couples from making time-consuming or costly mistakes.

Call a Naperville, IL Divorce Decree Attorney Today

Drafting your own terms is a legitimate option, but it’s vital that the details are correct.

Pesce Law Group, P.C. has experience in family law and can help you avoid the pitfalls of drafting your own divorce agreement. Attorney Don Pesce is also Court-approved in DuPage County to serve as a Guardian ad Litem and as a mediator in parenting matters. This gives him substantial knowledge for cases involving children.

Call our DuPage County, IL divorce lawyers at 630-352-2240 today to schedule a free consultation.