Resolving your divorce through the uncontested route will no doubt cause less stress on the family, both emotionally & financially. It is no secret that the less you have to argue over with your spouse, the less money you will both end up spending and the quicker your divorce will be finalized. An uncontested divorce can benefit both parties, but is only possible when there is substantial agreement on asset and debt division, spousal support, and child issues such as child custody, visitation & child support.
In Illinois, an uncontested divorce is a streamlined legal process where both spouses agree on all key issues related to the divorce, allowing for a quicker and less expensive resolution.
Aspects of an Uncontested Divorce in Illinois
Rutter Family Law LLC offers a flat rate for uncontested divorce packages, and we have the experience necessary to keep your divorce drama-free and on track. In some cases, an uncontested divorce can escalate into a contested divorce. Having an experienced divorce lawyer on your case can help keep your uncontested divorce on track.
- Mutual Agreement – Both spouses must agree on:
- Division of assets and debts
- Alimony (spousal support), if applicable
- Child custody, support, and visitation (if children are involved)
- Residency Requirement – At least one spouse must have lived in Illinois for at least 90 days before filing for divorce.
- No-Fault Grounds – Illinois is a no-fault divorce state, meaning the only accepted ground for divorce is irreconcilable differences (e.g., the marriage has broken down with no chance of reconciliation).
- If the couple has lived separately for at least six months, this automatically satisfies the irreconcilable differences requirement.
- Simplified Divorce Option – Joint Simplified Dissolution
- Available for couples with no children and limited assets
- Both spouses must agree to waive spousal support
- The marriage must have lasted less than eight years
- Combined marital assets must be less than $50,000, and both spouses must earn less than $30,000 annually
- Filing Process – Uncontested Divorce
- One spouse (the petitioner) files a Petition for Dissolution of Marriage in the county court.
- The other spouse (respondent) signs a marital settlement agreement outlining the division of assets, support, and custody.
- Both parties may attend a short court hearing for final approval by a judge.
- Once approved, the judge will issue a Judgment of Dissolution of Marriage, officially ending the marriage.
Benefits of an Uncontested Divorce
- Faster Resolution – Can be finalized in as little as a few weeks to a few months
- Lower Cost – Avoids expensive legal battles and court fees
- Less Stress – More amicable process, avoiding drawn-out disputes
- More Control – Spouses make decisions instead of leaving them to a judge
When an Uncontested Divorce May Not Be Possible
- Disagreements – If spouses disagree on property division, child custody, support, or spousal maintenance, the divorce becomes contested and may require mediation or court intervention.
- Other Factors – Cases involving domestic violence, hidden assets, or power imbalances may require legal representation and a formal court process.
Contact Us
Contact Rutter Family Law LLC today to schedule your free uncontested divorce consultation!