How to File an Uncontested Divorce in Illinois: 2026 Timelines & Costs

Current as of: September 16, 2026 Divorce & Separation Illinois
🏠
To get an uncontested divorce in Illinois, you file your Joint Simplified Dissolution at the local Circuit Court. Basic filing fees range from $320 to $388, and no separation period is required when both spouses agree that irreconcilable differences exist.

Filing for an uncontested divorce in Illinois is generally the most efficient and cost-effective way to legally end a marriage. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), couples who agree on all major issues-such as property division and debt allocation-can utilize a streamlined process known as a Joint Simplified Dissolution of Marriage. Whether you reside in Chicago, Naperville, or Waukegan, navigating this procedure requires specific forms and strict adherence to state e-filing rules. If you need professional guidance to ensure your paperwork is flawless, we highly recommend finding a local lawyer in our US Lawyers directory to assist you with your filing.

An uncontested divorce is specifically designed for couples with no disputes. This means you and your spouse must be in complete agreement. In Illinois, you must file your documents in the Circuit Court of the county where either you or your spouse resides. Let us break down the exact steps you need to follow.

Step-by-Step Process for an Uncontested Divorce in Illinois

Step 1: Meeting Residency and Eligibility Requirements

Before you can file, Illinois law requires that at least one spouse must have been a resident of the state for a minimum of 90 days prior to filing. Under 750 ILCS 5/§ 452, couples can qualify for a Joint Simplified Dissolution if they meet strict statutory criteria: the marriage must not have lasted more than 8 years, there are no children born or adopted during the marriage, neither spouse is seeking spousal support (maintenance), the total value of marital property (after deducting encumbrances) is less than $50,000, and neither party has an interest in real estate. Furthermore, the couple's combined gross annual income from all sources must be less than $60,000, with neither spouse earning more than $30,000 individually. In addition, under 750 ILCS 5/§ 401, Illinois is a purely no-fault state: as long as both spouses agree that irreconcilable differences have caused the breakdown of the marriage, no period of physical separation or written waiver is required, allowing you to proceed immediately.

Step 2: Gathering the Required State Forms

To begin the process, you will need to complete several specific statewide forms. The primary document is the Form CCDR 0019, Illinois, Circuit Court of Cook County, Joint Petition for Simplified Dissolution of Marriage (or your county's equivalent joint petition). You will also need to complete an Affidavit in Support of the Joint Petition and the Form CCDR 0019 E-F, Illinois, Circuit Court of Cook County, Judgment for Joint Simplified Dissolution of Marriage. These standardized forms ensure that the court has all your financial and agreement details. For assistance locating these forms, you can check the official portal of the Office of the Clerk of the Circuit Court of Cook County, Chicago, or your respective county's clerk office.

Step 3: E-Filing Your Documents via eFileIL

Illinois mandates that nearly all civil cases, including divorces, must be filed electronically. You cannot simply walk into the courthouse with paper forms unless you have an approved exemption. You must use the state's official eFileIL system. When filing in Cook County, DuPage County, or Lake County, you will select your local Circuit Court branch from the online dropdown menu, upload your completed PDF forms, and pay the mandatory filing fees through the secure portal.

Step 4: Attending the Final Court Hearing

Even in a completely uncontested case, Illinois generally requires a brief final hearing. You will schedule this hearing with the Circuit Court judge assigned to your case. At the hearing, the judge will ask basic questions to confirm that both parties willingly signed the agreement, that there was no coercion, and that the residency requirements are met. Precedents like In re Marriage of Hightower, 358 Ill. App. 3d 165 (IL Appellate Court 2005) highlight how courts view signed settlement agreements in uncontested cases as binding contracts, meaning the judge will typically approve the Judgment of Dissolution quickly if everything is in order.

How Much Does it Cost in Illinois?

The cost of an uncontested divorce varies depending on the county where you file. While lawyer fees will add to the total, the mandatory court filing fees are relatively standardized within each jurisdiction. If you hire an attorney from our directory to review your documents, a flat fee for uncontested cases generally ranges from $750 to $1,500.

County (Circuit Court)Estimated Filing FeeAdditional E-Filing Fees
Cook County~$388$10 - $20 convenience fee
DuPage County~$343 - $350Standard portal fees apply
Lake County~$334Standard portal fees apply

How Long Does the Process Take?

Because you are filing an uncontested divorce where both spouses agree that irreconcilable differences exist, there is no mandatory separation period to wait out, drastically reducing the timeline compared to litigation. Typically, once your documents are accepted through eFileIL, you can secure a final hearing date within 3 to 6 weeks, depending on the current docket of your local Circuit Court. In total, a Joint Simplified Dissolution can be finalized in as little as 1 to 2 months from the date of filing.

Frequently Asked Questions (FAQ)

Do I absolutely need a lawyer for an uncontested divorce in Illinois?

You are not legally required to have a lawyer. However, having a local attorney review your paperwork ensures you do not make costly mistakes or forfeit rights to property. You can easily find a qualified professional in our directory.

Can we use the Joint Simplified Dissolution if we have children?

No. Under Illinois law, if you have minor children born or adopted during the marriage, you do not qualify for the Joint Simplified Dissolution process. You must file a standard Petition for Dissolution of Marriage.

What if we cannot afford the Illinois filing fees?

If you meet certain low-income guidelines, you can file an Application for Waiver of Court Fees. If approved by the judge, your county filing fees and e-filing portal costs will be waived.

Where do I file if we live in different Illinois counties?

You can file the Petition in the Circuit Court of the county where either you or your spouse currently resides.


No reviews yet. Be the first to share your experience!
×
Need legal help? I'm here!
Legal AI
Assistant