Uncontested Divorce in Illinois: Joint Simplified Dissolution, Agreed Divorce and Default

Illinois is a pure no-fault state: the only ground for a dissolution of marriage is irreconcilable differences. Most divorces are uncontested, finished either by agreement or by default, and many take only a short court hearing at the end.

Which route fits your case?

The ground: irreconcilable differences

750 ILCS 5/401(a) requires that "Irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family."

Living apart makes it automatic. Section 401(a-5):

(a-5) If the parties live separate and apart for a continuous period of not less than 6 months immediately preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.

That six months isn't a waiting period before filing; it's measured back from the judgment, and you don't need it at all if the court finds irreconcilable differences on the evidence. Some older court web pages still say you must be separated for six months before you can divorce; the law changed in 2016.

Route 1: joint simplified dissolution

Illinois has a fast track for short marriages with little property, in 750 ILCS 5/451–457. Both spouses file together. Every one of these must be true when the case starts (§ 452):

• No children were born to or adopted by the couple, and the wife isn't pregnant by the husband.
• The marriage has lasted no more than 8 years.
• Neither spouse owns any real estate, and neither has retirement benefits other than IRAs worth less than $10,000 combined.
• The marital property, after debts, is worth less than $50,000.
• Combined gross annual income is less than $60,000, and neither spouse earns more than $30,000.
• Both spouses give up maintenance, and neither depends on the other for support.
• The spouses have disclosed their assets and tax returns to each other and signed a written agreement dividing their property and debts, including any companion animal.
• One spouse meets the 90-day residency rule, and there are irreconcilable differences.

The forms come from the circuit clerk, and "Both parties shall appear in person" before the judge (§ 453). The Cook County clerk says joint simplified cases there "are heard the same day they are filed." In Cook County the filing fee is the same $388 as a regular petition; check your county's fee schedule.

Route 2: the agreed (uncontested) divorce

For everyone else, one spouse (the petitioner) files a Petition for Dissolution of Marriage and the other (the respondent) is served, or files an appearance voluntarily. The spouses then put their agreement in writing:

• a marital settlement agreement dividing property and debts and addressing maintenance; and
• if there are children, an agreed parenting plan (decision-making and parenting time) and child support terms.

The court approves the agreement unless it finds it unconscionable (§ 502). The case ends at a short prove-up hearing, where the petitioner testifies to the basic facts and the judge enters the Judgment for Dissolution of Marriage. Parents must also complete the required parenting class (Supreme Court Rule 924).

The statewide forms (petition, summons, appearance, financial affidavit, parenting plan, judgment) are free on the Illinois courts' website, and "All Illinois Courts must accept these forms." See forms.

Route 3: divorce by default

If your spouse is served and does nothing, you can still get divorced.

1. Serve your spouse. A sheriff or a licensed private detective delivers the summons and petition personally, or leaves them at the home with a family member 13 or older and mails a copy (735 ILCS 5/2-203). A party can't serve the papers himself or herself.
2. Wait 30 days. A served spouse must file an answer or appearance "within 30 days after service, exclusive of the day of service" (Supreme Court Rule 101(d)).
3. Ask for a default. File a Motion for Default (ATJ 140.1). The court can enter an order of default and a judgment (735 ILCS 5/2-1301), but it "may … require proof," so expect to testify at a short hearing.

If you can't find your spouse, you can serve by publication after filing an affidavit about your search: notice runs "at least once in each week for 3 successive weeks" (735 ILCS 5/2-207). A court can also order other special methods of service when ordinary service is impractical.

A defaulted spouse can move to set aside the judgment within 30 days; after that, relief requires a petition under 735 ILCS 5/2-1401, generally within two years.

The dissolution action stay

When the respondent is served (or appears), a dissolution action stay takes effect under 750 ILCS 5/501.1. It bars both spouses from abusing or harassing each other, interfering with each other's personal liberty, and removing a minor child from Illinois or concealing the child from the other parent. Illinois has no automatic order freezing property when a divorce is filed; to protect assets, ask the court for temporary relief under § 501.

Where these sections live

• 750 ILCS 5/401 — Grounds and residency
• 750 ILCS 5/452 — Joint simplified dissolution
• 750 ILCS 5/501.1 — Dissolution action stay
• 735 ILCS 5/2-203 — Service on individuals
• 735 ILCS 5/2-1301 — Default
• Ill. S. Ct. R. 101 — Summons