Spouses may pursue an uncontested divorce in Illinois when they both agree on property division, child custody, support, and other major issues. Compared to a contested divorce, going through an uncontested divorce is generally faster and less expensive, making this option appealing to many couples for whom it makes sense.

To qualify for an uncontested divorce in Illinois, at least one spouse must have lived in the state for 90 days, and both must be willing to sign all necessary documents. Below is a practical Illinois uncontested divorce checklist, including steps for cases with children and information about mediation, to help you prepare and move through the proceedings more efficiently.

Gather the Required Documentation

Gather all required documentation before filing for an uncontested divorce in Illinois to gain a clear picture of financial and personal matters. This makes the filing process smoother because it helps you avoid delays and ensures the accuracy of your filings. You should collect:

  • A certified copy of your marriage certificate
  • Identification for both spouses
  • Proof of Illinois residency
  • Recent pay stubs, tax returns, and other income records
  • A complete list of assets, including real estate, vehicles, and bank accounts
  • Documentation of debts and liabilities
  • Proposed parenting plan and child-related records, such as birth certificates and school information (if applicable)
  • A draft of your Marital Settlement Agreement (if already prepared)

If your divorce involves children, ensure your parenting plan outlines custody, visitation, and support arrangements in accordance with Illinois law.

Complete and File the Necessary Paperwork

Once you’ve gathered your documents, you must complete and file the paperwork required for an uncontested divorce in the county where either spouse resides. Keep in mind that each Illinois county may have its own forms in addition to statewide requirements. Common paperwork includes:

  • Petition for Dissolution of Marriage
  • Marital Settlement Agreement
  • Parenting Plan (if children are involved)
  • Financial Affidavit for each spouse
  • Appearance form for the non-filing spouse

 

After completing these forms, you will need to pay the filing fee or request a waiver if you qualify. Filing accurate and complete paperwork helps prevent rejection or delays in moving your divorce forward.

If you and your spouse have minor children, Illinois requires additional steps such as submitting your Parenting Plan within 120 days of filing and attending a parenting education program if ordered by the court. Completing these steps promptly helps keep your case uncontested.

Attend the Required Hearing

At least one spouse must attend a brief court hearing in most uncontested Illinois divorce cases. During this hearing, the judge will review the filed documents to confirm that the terms are fair and comply with state law. Be sure to bring copies of all paperwork, identification, and any additional records the court requests. If children are involved, the judge may ask questions about your planned custody and support arrangements.

While both spouses may not be required to attend the hearing, the process often moves more quickly if both are present. If the judge approves the Marital Settlement Agreement, they will sign the Judgment of Dissolution and issue a Certificate of Dissolution. This officially finalizes your divorce and ends your legal marriage.

If you have reached agreements through divorce mediation, bring any signed mediation documents to your hearing. Judges often appreciate seeing that both parties have cooperated to resolve disputes efficiently.

Take Critical Post-Divorce Steps

Although receiving a Certificate of Dissolution concludes the legal process of seeking an uncontested divorce, you must also take certain follow-up steps to help protect your legal and financial interests:

  • Update your name on identification documents, if applicable
  • Revise beneficiary designations on insurance policies, retirement accounts, and wills
  • Transfer titles for property or vehicles as stated in the settlement
  • Adjust joint bank accounts and credit cards
  • If you have children, follow the parenting plan and keep clear communication with your former spouse

Contact an Illinois Divorce Attorney Today

Even when you and your spouse are in agreement regarding the terms of your uncontested divorce, the process of ending your marriage can still be a difficult and stressful time. Let The Law Office of Vogel & Mourelatos, LLC, provide the legal support you need as you move forward. Contact us today to get started with an initial consultation.