Many couples qualify for an uncontested divorce. You and your spouse should qualify if both of you agree on all divorce-related issues and plan to submit a written settlement agreement to the court. Your income, whether you have children, and how long you were married do not matter as far as qualifying, but they may add complications to a split. Lawyers are good resources to help you understand who qualifies for an uncontested divorce in Illinois.
Call Erlich Law Office at (630) 538-5331 for possible next steps in Oakbrook Terrace.
Who Qualifies for an Uncontested Divorce in Illinois?
Couples qualify for an uncontested divorce when they agree on every issue before the case becomes final. Illinois courts do not label divorces as “uncontested” or “contested” when someone files. They do treat a case as uncontested if it goes to judgment without litigation or unresolved disputes.
Couples can meet the Illinois uncontested divorce requirements even if they have disagreements, as long as they resolve the disagreements before the final judgment. Many uncontested cases involve a degree of negotiation, mediation, or attorney guidance behind the scenes.
To qualify, both spouses must be willing to cooperate and negotiate in good faith. This typically means reaching a marital settlement agreement that addresses issues such as division of marital property and debts, spousal maintenance (or an agreement to waive it), parenting responsibilities and parenting time, if applicable, and other issues.
Illinois is a no-fault divorce state, and irreconcilable differences are the only recognized grounds for divorce. In short, neither spouse has to prove wrongdoing. This makes uncontested divorce much more accessible since no one has to fight fault-based arguments in court.
Benefits of an Uncontested Divorce
When couples qualify, an uncontested divorce offers significant advantages over a contested procedure.
- Faster resolution, often within a few months
- Lower legal and court costs
- Minimal court appearances
- Greater privacy and control over what happens and how
- Reduced emotional stress for spouses and children
What Are the Legal Requirements for an Uncontested Divorce in Illinois?
Full agreement between the spouses is important for getting an uncontested divorce, but there are other guidelines.
Residency
Residency is among the Illinois uncontested divorce requirements. At least one spouse must have lived in Illinois for a minimum of 90 consecutive days before the court can finalize the divorce. There is no county-specific residency requirement, but the petitioner should file in a county where at least one of the spouses lives.
Irreconcilable Differences and Separation Period
Illinois law says that irreconcilable differences should have caused the irretrievable breakdown of the marriage. If the spouses have lived separate and apart for six months, the law presumes irreconcilable differences automatically. Spouses can live in the same home and be “separate and apart” if they no longer function as a married couple.
Full Written Agreement
For an uncontested divorce in Illinois, both spouses must sign a written marital settlement agreement and give it to the court. The agreement resolves financial and property issues and, if applicable, parenting issues.
If minor children are in the picture, the agreement should have a parenting plan covering decision-making responsibilities and parenting time, child support calculations that follow state guidelines, and provisions for health insurance, uncovered medical expenses, and education costs. Judges review these agreements to see whether they are fair, voluntary, and in the children’s best interests.
Proper Filing and Court Approval
Divorce is not automatic even in uncontested cases. One spouse must file a petition for dissolution of marriage. The other spouse must either be served or file an appearance and waiver.
Some uncontested divorces can become final without an in-person hearing. Others may need a brief prove-up hearing. These hearings are typically online, short, and procedural. However, the risk of a contested divorce is always possible if a spouse changes their mind before the judge finalizes everything.
When Is an Uncontested Divorce Not an Option in Illinois?
Uncontested divorce is accessible, but it is not always an option. An uncontested divorce lawyer is a good person to explain how your case could move forward either way.
Coercion or Power Imbalances
Judges may not approve an uncontested divorce if they suspect one spouse is pressuring or manipulating the other into unfair terms. This could happen in situations with a history of domestic violence or serious financial imbalances.
Nonparticipation
A divorce cannot be uncontested if one spouse does not respond, sign documents, or appear as required. That said, a default judgment may be possible. These judgments follow different procedures and steps.
Unresolved Disagreements About Children, Finances, Property, or Other Issues
Courts cannot finalize a divorce if issues are unresolved, even if the spouses have tried mediation or other dispute resolution methods. Litigation may be necessary. Issues such as whether certain assets are marital or nonmarital or who takes on the credit card debts have held up uncontested divorces.
Why Many People Use an Uncontested Divorce Lawyer in Oakbrook Terrace
Divorce in Illinois does not require a lawyer, but many people work with one. Even the simplest divorces involve binding legal documents with long-term consequences.
An uncontested divorce lawyer in Illinois can draft or review settlement agreements for enforceability, verify that paperwork follows state law and court requirements, and prevent errors.
It is possible for a couple to use one attorney. The attorney prepares the paperwork neutrally. Alternatively, each spouse can get his or her own lawyer for affordable, limited-scope review. Legal guidance can save time and money and offer peace of mind.
What Are Mistakes People Make When Thinking They Qualify for an Uncontested Divorce?
Uncontested divorces can be popular because people want their splits to be quick and inexpensive. However, desires do not always translate into reality when it comes to who qualifies for an uncontested divorce in Illinois.
Agreeing Verbally
One common error is assuming agreement today guarantees agreement tomorrow. If the couple discusses settlement terms informally but does not document them in a written marital settlement agreement, misunderstandings can arise. Courts only enforce what is in writing. Vague or incomplete agreements usually mean delays, rejected filings, or disputes.
Confusing End-Stage Cooperation With Full Agreement
One of the mistakes in an uncontested divorce is assuming it is enough to be friendly or in general alignment. The reality is that even one unresolved issue such as how to divide a retirement account prevents the court from finalizing a divorce. However, at the start of the process, being friendly or in general alignment does help couples move forward to address unresolved issues in good faith.
Hiding Assets
Complete financial disclosure is necessary in divorces. However, one spouse may try to take advantage of another’s trust to conceal income, bank accounts, retirement funds, cryptocurrency, or other assets. Illinois courts have the authority to reopen finalized divorce cases, redistribute property, and impose sanctions when a spouse fails to provide honest financial disclosure. Financial honesty is a big part of who qualifies for an uncontested divorce in Illinois.
Failing to See Disputes or Waiting to Share “Surprises”
Couples sometimes think they agree on the issues only to discover points of disagreement on, say, retirement accounts, the sale of the marital home, responsibility for future expenses, or the children’s holiday schedules. These issues often arise late in the process, but negotiation or alternate dispute resolution may resolve them.
Another mistake may occur when one spouse waits to share certain information, for example, debts that belong to both people. This could happen for many reasons such as shame or a mistaken belief that the debt belongs to just one spouse and that the spouse did not have to disclose it. In the end, a “new” debt can add complications to an uncontested divorce. For example, the average credit card balance in Illinois is $6,253. It does not take a lot of money to add nuances to a divorce that previously did not involve credit card debt.
Rushing
Some people jeopardize their eligibility by moving too quickly, for example, by filing in the wrong county or without a plan to meet the state residency requirement. Consulting an uncontested divorce lawyer in Illinois, even briefly, can confirm eligibility and help identify hidden issues. Contact Denise Erlich today for divorce help in the Oakbrook Terrace area.
FAQs About Uncontested Divorce in Illinois
Do both spouses have to agree to everything for an uncontested divorce in Illinois?
Both spouses must agree on all issues, including property division, finances, and child-related matters, before the court treats the case as uncontested.
Can we get an uncontested divorce in Illinois if we have children?
As long as you agree on parenting time, decision-making responsibilities, child support, and related child-rearing issues as well as all other issues relating to the divorce.
Do I need a lawyer for an uncontested divorce in Illinois?
One is not required, but many couples choose an uncontested divorce lawyer to protect their interests, avoid complications, and help the divorce move along without delays.
