Reviewed August 2026
Uncontested Divorce Checklist in Illinois
An Illinois divorce is uncontested when both spouses agree on every issue: property, debt, and, if there are children, parenting and support. Illinois also has a separate fast track for a narrow group of couples: the Joint Simplified Dissolution Procedure, under 750 ILCS 5 sections 452 and 453. That fast track has strict limits. It only fits short marriages with low income and little property. Most agreed couples won't qualify. They instead file a standard joint or agreed petition, which still avoids a contested trial.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Illinois law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Illinois paperwork. See how Virdix works for California divorces.
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The Joint Simplified Dissolution Procedure
All of these must be true. The marriage lasted 8 years or less. The spouses have no children born or adopted during the marriage, and the wife is not currently pregnant. Combined marital property, after debt, is worth less than 50,000 dollars.
Combined income must stay under 60,000 dollars a year, and neither spouse can earn more than 30,000 individually. Neither spouse can own real property. Both spouses must waive maintenance, meaning alimony. Both must jointly petition and appear in court together, and the court must grant the dissolution once every condition is met.
What most uncontested couples use instead
Couples who don't qualify for the simplified procedure, due to a longer marriage, children, or more property, can still avoid a contested trial. Illinois publishes a standardized statewide Petition for Divorce, form ATJ 103.4, for cases with no children under 18.
A separate, parallel form suite covers divorces with children, adding parenting-plan and child-related components. Both spouses sign a written settlement agreement covering their issues. The case then proceeds on an agreed basis instead of as a contested trial.
Document checklist
For the simplified procedure, both spouses jointly sign the petition and a written agreement dividing all marital assets and allocating all debts. For a standard uncontested case, start with ATJ 103.4, Petition for Divorce, or the parallel with-children form suite.
Add a signed marital settlement agreement, and, if there are children, a parenting plan. A spouse who can't afford court fees can file ATJ 601.9, Application for Waiver of Court Fees. Every Illinois circuit court must accept this statewide form.
Grounds, residency, and no fixed waiting period
Illinois eliminated fault grounds in 2016. The sole ground now is irreconcilable differences causing the irretrievable breakdown of the marriage. At least one spouse must have lived in Illinois, or been stationed there in the armed services, for 90 days before filing.
Illinois sets no fixed waiting period before a decree. Living apart for 6 months creates an irrebuttable presumption that grounds exist. A couple who hasn't been separated that long can still get an immediate divorce. They just need the court to find that reconciliation efforts have failed or wouldn't help the family.
Sources: Illinois Marriage and Dissolution of Marriage Act, grounds and residency (750 ILCS 5/401), Illinois Marriage and Dissolution of Marriage Act, Joint Simplified Dissolution (750 ILCS 5/452-453), Illinois Courts, statewide divorce, child support, and maintenance forms, Illinois Courts, fee waiver form (civil), Illinois Courts, self-help center, Illinois statewide e-filing portal
Not independently confirmed
- Whether a final hearing is required for the standard uncontested track, or whether some circuit courts allow entry of judgment on submitted paperwork alone, was not independently confirmed. Confirm with the filing circuit clerk.
- Whether Illinois imposes a mandatory parenting class for divorces involving minor children, and if so under what rule, was not confirmed against a primary statewide source for this page.
Uncontested Divorce Checklist in Illinois: frequently asked questions
What is Illinois's Joint Simplified Dissolution Procedure?+
It's a distinct statutory fast track under 750 ILCS 5 sections 452 and 453, for a narrow group of couples. Eligibility requires a marriage of 8 years or less, no children, and marital property under 50,000 dollars. Combined income must also stay under 60,000 dollars, with no real property owned by either spouse and both waiving maintenance. Both spouses jointly petition and appear in court together.
What if my marriage is too long or we have too much property for the simplified procedure?+
You can still have an uncontested divorce. File Illinois's standard statewide Petition for Divorce, form ATJ 103.4, or the parallel form suite for cases with children. Sign a written settlement agreement covering property, debt, and, if applicable, parenting and support. The case then proceeds on an agreed basis instead of as a contested trial.
Is there a waiting period for an Illinois divorce?+
No, there's no fixed waiting period. Living separately for a continuous 6 months creates an irrebuttable presumption that grounds for divorce exist. If the spouses haven't been separated that long, the court can still grant the divorce right away. It just needs to find that reconciliation efforts have failed or would be impractical, which is routinely satisfied when both spouses agree.
What is Illinois's residency requirement for divorce?+
At least one spouse must have lived in Illinois, or been stationed there as a member of the armed services, for 90 days immediately before filing. Both the statute and Illinois's own standardized statewide petition form confirm this. The form asks both spouses to confirm they meet the 90-day threshold.
Can I get Illinois court fees waived?+
Yes, if you can't afford them. File the Application for Waiver of Court Fees, form ATJ 601.9. The Illinois Supreme Court requires every circuit court to accept this statewide form. Eligibility is based on inability to pay, household size, or receiving certain public benefits, such as SNAP or SSI.
What grounds does Illinois use for divorce?+
A single ground: irreconcilable differences have caused the irretrievable breakdown of the marriage, and the court finds that reconciliation efforts have failed or wouldn't serve the family's best interest. Illinois eliminated all fault-based grounds, such as adultery and desertion, effective January 1, 2016. No misconduct needs to be proven.
This page is general information about uncontested divorce checklist in Illinois, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Illinois's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Illinois. Virdix does not prepare or file Illinois divorce paperwork. It is not a substitute for an attorney licensed in Illinois.
More Illinois divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Illinois, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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