How Can I Have an Uncontested Divorce in Illinois?

 Posted on December 16, 2025 in Divorce

While it might seem like something to take for granted, the fact that all people are different matters a lot for divorce. The CDC estimates that around 650,000 divorces happen every year. Every one of those couples, families, and divorces has its own unique dynamic. Even though divorce on TV often looks like spouses doing everything in their power to hurt each other, many simply do not fit that description.

There are even couples who decide to end their marriage but want to work together to ensure they can each enjoy their future, especially if they have children. Other couples just want to avoid a long, expensive fight in court. Couples who want this can sometimes get what is called an uncontested divorce. 

An uncontested divorce is when spouses agree on all terms of their divorce settlement. If you are interested in an uncontested Illinois divorce in 2026, there are certain requirements we will discuss in this blog.

For guidance for your unique situation, our DuPage County family law attorneys are here to help. 

What Is an Uncontested Divorce in Illinois?

All divorce proceedings in the state of Illinois need to end with a court-approved divorce settlement. This means that the couple has reached agreements that are fair to both parties about:

• Child custody

• Child support

• Dividing assets and debts

• Spousal support (alimony)

An uncontested divorce can happen when the divorcing spouses can create a divorce settlement that addresses every single aspect of their divorce. Once that happens, they submit it to the court for approval. Generally speaking, a judge will approve it and grant the divorce if the settlement is considered fair and reasonable.

An uncontested divorce is a great option for some people because it tends to take much less time and costs less money than fighting in court. It is usually possible for couples who can communicate productively, despite wanting to end their marriage. 

Keep in mind that if spouses fail to agree on even one aspect of the divorce, they are not eligible for uncontested divorce and need to begin a contested divorce process.

What Are the Requirements for an Uncontested Divorce in Illinois?

To qualify for an uncontested divorce in Naperville, both spouses must meet specific requirements:

• At least one spouse must be a resident of Illinois or maintain a military presence in the state for a minimum of 90 days before filing

• Both spouses must agree that the split is the result of irreconcilable differences

• Both spouses must agree on all asset and debt distribution

• Both spouses must agree on child support arrangements if they have children

• Both spouses must agree on spousal maintenance or alimony if applicable

• Both spouses must agree on parenting time and custody arrangements if they have children

If you cannot agree on even one of these issues, your divorce will be considered contested and will require a different legal process.

What Is a Contested Divorce?

Contested divorces are filed when spouses cannot agree on the terms of divorce. This leads to a more complicated process and often requires intervention from the court through a trial process.

High net-worth or complex contested divorces in DuPage County often involve expert witnesses, such as a financial advisor or a forensic accountant. While contested divorces take longer and cost more than uncontested divorces, most cases still settle before trial through negotiations.

How is Contested Divorce Different from Uncontested Divorce?

The first step in the contested divorce process is to file a petition for the dissolution of marriage. The divorce petition is filed with the court and served to the other party. Next, the parties negotiate a divorce settlement that includes the division of property, division of debts, spousal maintenance, and child custody and visitation. This may involve mediation and it can involve litigating issues in court. Judges may need to make decisions that neither spouse will like, and those decisions are legally binding. 

With an uncontested divorce, things are much more simple:

• Agree to pursue a cooperative, uncontested divorce

• Exchange financial information (income, assets, debts)

• Negotiate property division, custody, parenting time, child support, and alimony

• Sign a complete Marital Settlement Agreement

• File the divorce papers with the court, including the signed agreement

• The non-filing spouse formally consents instead of contesting

• Judge reviews the agreement for fairness and legality

• Brief hearing or paper approval, depending on the state

• Final divorce decree is entered and the agreement becomes enforceable

Most marital settlement agreements are approved by a judge, as long as they are legal and not obviously unfair.

Do You Need a Lawyer in Uncontested Divorce Cases?

While it may seem like you can handle an uncontested divorce on your own, it is highly recommended that you seek the assistance of an attorney. The following are a few reasons why you should use an attorney for your uncontested divorce:

Providing Legal Knowledge and Experience

Attorneys are trained professionals who understand the divorce process from many different angles. They can help ensure that your divorce agreement is fair, reasonable, and in line with the law.

Protecting Your Rights

Even in an uncontested divorce, it is important to protect your rights and interests. An attorney can review your divorce agreement and make sure that you are not giving up any important rights.

Drafting a Legally Binding Agreement

A divorce agreement is a legally binding court order that will significantly impact your future. An attorney can draft an agreement that clearly outlines the terms and conditions of the divorce and make sure they are to your benefit.

Avoiding Disputes and Complications

Disputes can still come up in an uncontested divorce. An attorney can help you avoid disputes by addressing potential issues before they become problems. Likewise, your attorney will make sure everything is filed correctly and on time. 

Can Mediation Help in Divorce Cases?

Mediators can be very helpful in uncontested divorces. The mediator is a neutral third party who helps spouses discuss divorce issues and think of creative solutions to difficult problems. The spouses' attorneys are still important, even when mediators are used. An attorney will help review possible settlements to make sure that your interests are protected now and in the long-term. 

Contact a Naperville Divorce Attorney

Even people who want an uncontested divorce benefit from legal guidance. An experienced DuPage County divorce lawyer at Pesce Law Group, P.C. can review your case and guide you through the uncontested divorce process. We have almost two decades of experience and will help you move forward in the way that makes the most sense for your family.

Call Pesce Law Group, P.C. at 630-352-2240 to schedule a free consultation and learn more about your options.