How Long Does an Uncontested Divorce Take in Illinois?

A typical uncontested divorce in Illinois can be finalized in as little as a few weeks once both spouses agree on all major issues and file all required documents — because there is no statutory waiting period for uncontested cases. This timeline ultimately depends on court scheduling and how quickly the paperwork is complete.

This article explains the uncontested divorce timeline under current Illinois law, clears up common misconceptions about waiting periods, and highlights the practical factors that can speed things up or slow them down.

Quick Takeaways

Illinois does not impose a mandatory waiting period for uncontested divorces when both spouses agree that irreconcilable differences caused the breakdown of the marriage.
At least one spouse must have lived in Illinois for 90 days before filing for divorce.
Uncontested divorces move faster because spouses agree on property division, parental responsibilities, child support, and spousal maintenance.
Jointly filed cases often avoid delays related to service of process.
Court availability, document accuracy, and agreement completeness all affect timing.
Many uncontested divorces can be finalized as soon as all requirements are met and the court is able to enter judgment.

What Is an Uncontested Divorce in Illinois?

An uncontested divorce is one in which both spouses reach agreement on all major issues before asking the court to finalize the dissolution of marriage. These issues typically include:

Division of marital property and debts
Allocation of parental responsibilities and parenting time (formerly “custody”)
Child support
Spousal maintenance (the legal term Illinois uses instead of “alimony”)

Because there are no disputes for a judge to resolve, uncontested divorces generally proceed more efficiently than contested cases.

Illinois divorces are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), which establishes a no‑fault divorce system. Spouses do not need to prove wrongdoing—only that irreconcilable differences have caused an irretrievable breakdown of the marriage.

However, there are still certain requirements that must be met, such as the residency requirement, drafting the proper documents, and correctly filing the divorce petition.

How Long Do You Have to Live in Illinois Before You Can File For Divorce?

Before filing for divorce, at least one spouse must have resided or been stationed in Illinois for a minimum of 90 days. This requirement gives Illinois courts jurisdiction over the case and applies whether the divorce is contested or uncontested.

How to File a Divorce Petition in Illinois

An uncontested divorce begins when a Petition for Dissolution of Marriage is filed with the circuit court in the county where either spouse resides.

In many uncontested cases, spouses file a joint petition, which can eliminate the need for formal service of process. Joint filing often saves time, reduces stress, and reflects cooperation—an approach that tends to benefit everyone involved.

If the case is not filed jointly, the responding spouse must be served and given time to file an appearance. Clear communication at this stage can prevent unnecessary delays.

While many people find that hiring a divorce lawyer is helpful, if there are truly no contested issues and paying for a lawyer is outside of the budget, there are Illinois State-Approved Divorce Forms parties can use to attempt to handle the divorce without a lawyer.

Trying to file a divorce petition without an attorney does not always get approved by the circuit clerk because documents must be filed a certain way. If your petition gets rejected due to a filing error, you should meet with a lawyer or see if someone at the local court house can show you how to properly file it.

Is There a Waiting Period for an Uncontested Divorce in Illinois?

Illinois law does not impose a mandatory waiting period for uncontested divorces when both spouses agree that irreconcilable differences caused the marriage to end and the 90-day residency requirement is met. However, the parties are still subject to the court’s schedule.

Reaching and Documenting Agreements

For an uncontested divorce to proceed smoothly, spouses must present complete and legally compliant agreements to the court.

Property Division

Illinois follows an equitable distribution model. Marital property is divided fairly, though not necessarily equally. Clear, thorough agreements help avoid judicial revisions.

Parental Responsibilities and Parenting Time

If children are involved, the court must approve a parenting plan that serves their best interests. Judges retain authority to modify agreements that do not adequately protect children.

Child Support

Child support must comply with Illinois statutory guidelines. Parents can estimate obligations using the Illinois Child Support Estimator, available through the Illinois Department of Healthcare and Family Services.

Spousal Maintenance

Illinois law refers to spousal support as spousal maintenance, not alimony. Parties may agree on the amount and duration, but the court must still find the terms legally appropriate.

Thoughtful preparation at this stage reflects one of our firm’s core values: counsel wisely—because careful planning often saves time, money, and emotional strain.

Court Review and Finalization

Once agreements are submitted, the judge reviews them to ensure compliance with Illinois law and fairness to both parties. If everything is in order, the court enters a Judgment for Dissolution of Marriage, officially ending the marriage.

In uncontested cases, this review is usually straightforward, but incomplete or unclear paperwork can cause delays.

Factors That Influence How Long an Uncontested Divorce Takes

Even without disputes, timelines vary. Common factors include:

Completeness of agreements
Accuracy of filed documents
Court docket availability
Complexity of marital assets
Use of mediation

Mediation uses a neutral third‑party mediator to help spouses resolve issues collaboratively. When successful, mediation can be one of the fastest and least adversarial paths to divorce.

General Guidance for Spouses Considering an Uncontested Divorce

An uncontested divorce requires cooperation, honesty, and attention to detail. While it is often more efficient than litigation, legal guidance can help ensure agreements are enforceable and that nothing important is overlooked.

Working with counsel who advocates powerfully while still speaking graciously can make a meaningful difference—especially when children or long‑term financial stability are involved.

What If Your Spouse Won’t Cooperate or You’re Not Ready to Agree?

Not every divorce starts uncontested. In many cases, one spouse may be willing to cooperate while the other is uncertain, overwhelmed, or not yet prepared to reach full agreement.

If your spouse is not responding, is hesitant to sign agreements, or disagrees on one or more issues, the case may slow down or temporarily move toward a contested posture. That does not mean it must stay that way. Many divorces resolve into uncontested cases after limited negotiation, mediation, or additional financial clarification.

If you are unsure whether agreement is possible, it is still important to proceed thoughtfully and lawfully. Avoid informal arrangements that are not documented or enforceable, especially when parenting time, support, or property division is involved. A measured approach protects your interests while leaving room for resolution.

How Uncontested Divorces Typically Proceed in McLean County

In McLean County, uncontested divorces are often resolved efficiently once paperwork is complete and agreements are clearly drafted. The McLean County Circuit Court places a premium on procedural accuracy, complete financial disclosures, and parenting plans that are specific and workable.

Judges commonly review uncontested cases through short prove-up hearings or scheduled settings once all documents are signed and filed. When agreements are thorough and compliant with Illinois law, prove-ups can often be set relatively quickly, subject to courtroom availability and the court’s docket.

Delays in McLean County cases most often arise from incomplete paperwork, missing exhibits, or parenting plans that lack sufficient detail. Careful preparation on the front end helps cases move smoothly through the courthouse and toward final judgment.

Closing thought: Even when a divorce is uncontested, the process marks a major life transition. Approaching it with diligence and mutual respect can reduce conflict and lay a healthier foundation for the future.

Ready to Talk With an Illinois Divorce Attorney?

If you are considering an uncontested divorce, our firm provides steady guidance rooted in Illinois law and practical experience.

Meet Your Attorney

Kristin Nieminski, partner at Koth Gregory & Nieminski, is the firm’s lead divorce and family law attorney. She regularly handles uncontested and contested divorce matters throughout McLean County and Central Illinois, guiding clients through the process with clarity, precision, and steady advocacy.

Kristin is deeply familiar with the McLean County Circuit Court, local filing requirements, and courtroom expectations. Judges expect uncontested cases to be well-prepared, procedurally clean, and focused on legally sound agreements—especially where children are involved. Kristin’s practice reflects that reality: thorough preparation on the front end to avoid unnecessary delays at the courthouse.

Clients value Kristin’s ability to counsel wisely and speak graciously during difficult transitions, while still advocating powerfully when important financial or parenting issues are on the line. Her goal in uncontested cases is simple: help families resolve matters efficiently, respectfully, and in a way that stands up to judicial review.

Frequently Asked Questions

How long does an uncontested divorce usually take in Illinois?

In many cases, uncontested divorces are resolved in about 4–8 weeks once all paperwork and agreements are properly submitted — but timing varies with court docket availability.

Does Illinois have a waiting period for uncontested divorces?”

No — Illinois law does not impose a mandatory waiting period when both spouses agree and file complete documents.

Can an uncontested divorce be finalized in less than 90 days in Illinois?

Yes. When both spouses agree on all issues, there is no statutory waiting period, assuming the 90-day residency requirement is met.

Do we have to appear in court?

Often yes, but hearings are usually brief in uncontested cases.

Is spousal maintenance required in every divorce?

No. Maintenance depends on statutory factors and the parties’ agreement.

What if we agree now but disagree later?

The case may become contested, which can extend the timeline.

What happens at an uncontested divorce court hearing in McLean County?

In McLean County, uncontested divorce hearings (often called “prove-ups”) are typically brief if all paperwork and agreements are complete. The judge will confirm the spouses’ understanding of the agreements, ask basic questions to verify voluntariness and understanding, and then enter the Judgment for Dissolution of Marriage. Because these hearings are procedural, they tend to move quickly when documents are filed correctly and both spouses attend as scheduled.

Do both spouses have to attend the final judgment hearing?

In most uncontested cases, McLean County judges expect both spouses to be present at the prove-up hearing so the court can ensure each person understands the terms and agrees voluntarily. However, under certain procedural rules and with proper documentation, one spouse may sometimes appear by affidavit or counsel with advance approval from the court. Confirming attendance expectations early in the process avoids scheduling surprises.

Can divorce paperwork be filed jointly in McLean County?

Yes — when spouses agree on all divorce terms, they can file a joint Petition for Dissolution of Marriage in McLean County. Joint filing eliminates formal service requirements and often streamlines the early stages of the case. Even with joint filing, it’s important that all agreements (property division, parenting plans, maintenance, etc.) are complete, lawful, and reviewed before submission to the court.

Article Information

Published: March 22, 2024
Last Updated: January 2, 2026

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney‑client relationship. Illinois law may change, and legal outcomes depend on the facts of each case. Do not share confidential information online.