Divorces can be quite emotionally distressing. Asides from the strain on your family, it can also be an expensive and complicated legal process to go through. However, if you and your partner can decide to work through things in an uncontested divorce, the process is easier, faster, and less expensive. 

What is an Uncontested Divorce?

In an uncontested divorce, both spouses agree on all issues surrounding the end of the marriage. This means things like splitting marital properties, sharing marital debt, paying alimony (this is termed spousal support in Illinois), and custody has been mutually agreed upon. Parenting plans concerning visitation, health insurance, and child support may have also been decided. 

If you have difficulty reaching this agreement, you may want to get a divorce mediator. Finding one to work through these issues is cheaper than going through the long, complex process of a contested divorce. 

What to Expect from an Uncontested Divorce in Illinois

In Illinois, uncontested divorces do not take much waiting time. You and your spouse only need to meet the criteria for residency, having lived in Illinois for at least three months before filing for divorce. For a quick divorce process, you need to meet this requirement and come to a place of understanding and mutual agreement with your spouse. 

However, Illinois State law provides a streamlined and unique type of uncontested divorce even faster than usual. This is called a ‘joint simplified dissolution.’ There are certain requirements to be approved for this, and you and your spouse must meet all before being able to file for this type of uncontested divorce. 

Requirements for a Joint Simplified Dissolution 

Below are the requirements for a joint simplified dissolution. If you meet all, you can file for a faster and cheaper divorce. 

• You must have been married to your spouse for no less than eight years
•  Neither you nor your spouse has any children 
• You and your spouse must meet the residency requirements and complete all forms together
• You have fulfilled the legal requirements for a no-fault divorce under the term ‘irreconcilable differences’ in Illinois law. 
• You do not own real estate or retirement savings (excluding  IRAs with a value of less than $10,000 combined for you and your spouse )
• The total value of your marital property falls below $50,000
• Neither you nor your spouse earns an annual income greater than $30,000, and your combined annual gross income is less than  $60,000
• You and your spouse must have disclosed complete information about each of your assets and liabilities, as well as your tax returns for the entire marriage. This means mutual knowledge of your financial situation.
• You and your spouse have agreed to waive spousal support permanently. 
• You and your spouse have signed a written agreement to divide all personal property worth $100 or more and divide your debts

Finalizing an Uncontested Divorce in Illinois 

A ‘prove up’ hearing is required to finalize an uncontested divorce in Illinois. You and your spouse will most likely have to attend, but you can discuss with the court clerk the possibility of your spouse not participating if this is the case. 

The hearing is usually short and will involve the judge asking questions about the settlement agreement. If your paperwork is all filed correctly and your argument is fair and reasonable, the judge grants your request and signs the final dissolution agreement. This makes your divorce final. 

While you can file for an uncontested divorce yourself, it is easy to make mistakes and miss out on crucial things. 

Solid legal representation saves you from this and ensures your interest is protected, especially if complicated sharing of assets is involved. 

Need help? Talk to our seasoned family law attorneys here.