Uncontested vs Contested Divorce in Illinois

Illinois offers two divorce paths: uncontested and contested. As a pure no-fault state with no waiting period for uncontested cases and mandatory e-filing, understanding the differences in cost, timeline, and complexity helps you choose the most efficient approach for your situation. Knowing whether online or traditional divorce is right for you can streamline the process significantly.

Quick Comparison: Uncontested vs Contested Divorce in Illinois

What is an Uncontested Divorce in Illinois?

An uncontested divorce occurs when both spouses agree on all terms, including property division, spousal maintenance (alimony), child custody, parenting time, and child support. Illinois is a pure no-fault state—the only ground for divorce is "irreconcilable differences causing the irretrievable breakdown of the marriage."

Illinois offers a streamlined Joint Simplified Dissolution option for couples meeting specific criteria: married 8 years or less, no children, low assets and incomes (combined gross income under $60,000), no real estate, limited retirement (IRAs under $10,000 combined), total marital property net under $50,000, and both waiving maintenance. This process can be completed in as little as one week to one month. Most uncontested cases take 2 to 6 months, with no mandatory waiting period—a significant advantage over many other states.

What is a Contested Divorce in Illinois?

A contested divorce means the spouses disagree on one or more significant issues. Common areas of dispute include allocation of parental responsibilities (custody), parenting time schedules, child support calculations, division of marital property and debts, and spousal maintenance amounts and duration. Even a single unresolved issue makes a divorce contested.

Illinois law requires mandatory mediation for contested parenting and allocation issues unless an impediment exists (such as domestic violence). Illinois Supreme Court Rule 905 mandates that each circuit establish mediation programs, and courts must refer contested parenting, parenting time, and relocation disputes to mediation. If parents cannot reach an agreement, proposed Parenting Plans are due within 120 days after service or appearance. Illinois also offers collaborative divorce under the Illinois Collaborative Process Act (750 ILCS 90).

Cost Comparison: Breaking Down the Numbers

Uncontested divorce costs: Filing fees range from $316 to $366 depending on your county (Cook County: up to $366; other counties: up to $316). These are statutory caps, and your county sets the actual amount. If you handle the divorce yourself (pro se) using free forms from the Illinois Courts website, your total cost may be $1,000 to $3,500 including filing fees, service costs, and notary fees. With attorney assistance, total costs typically range from $1,000 to $5,000, with most uncontested cases averaging $2,500 to $5,000. Many attorneys offer flat-rate packages for uncontested divorces.

Contested divorce costs: Attorney fees alone typically range from $10,000 to $25,000 or more statewide. In Chicago, contested divorce costs commonly run $15,000 to $30,000 or higher, depending on complexity and the number of contested issues. The average family law hourly rate in Chicago ranges from $325 to $550 in 2025, with senior partners charging more. Statewide, expect to pay $200 to $500 per hour for a reputable divorce attorney. Additional costs include Cook County respondent appearance fee ($230-$250), service of process fees (Cook County sheriff: $60 per defendant, plus $5 summons remittance if using private service), mandatory parenting education classes (fees vary by provider), mediation costs (parties typically share), and expert witnesses for valuations, forensic accounting, and custody evaluations.

Illinois courts may order interim attorney's fees to achieve "substantial parity in litigation resources" when there is a significant income disparity between spouses. This ensures both parties have adequate representation during the proceedings.

Timeline Comparison: How Long Does It Take?

Uncontested divorce timeline: Illinois has no mandatory waiting period for uncontested divorces, making it one of the faster states for divorce. If you meet the 90-day residency requirement and file an uncontested case, you can potentially finalize your divorce in 2 to 6 months. The Joint Simplified Dissolution process is even faster—Cook County notes that these cases may be heard and finalized the same day they are filed, with typical completion in 1 week to 1 month. The timeline depends on how quickly spouses coordinate paperwork, complete e-filing, schedule the prove-up hearing (many courts allow remote appearances under Supreme Court Rule 45), and county docket speed.

Contested divorce timeline: Contested cases typically take 6 months to 2 years or longer. Living "separate and apart" for 6 continuous months creates an irrebuttable presumption that irreconcilable differences exist, which often becomes the practical waiting period for contested cases. The process includes filing and service (30 days for respondent to appear), Parenting Plan due within 120 days if children are involved, parenting education classes (within 60 days of initial case management conference), mandatory mediation for parenting disputes, discovery and financial disclosure (interrogatories, document production, depositions), and trial or settlement conferences. The court must enter judgment within 60 days after the close of proofs (or 90 days for good cause).

Paperwork and Process: What to Expect

Uncontested divorce paperwork: Illinois provides Supreme Court Approved Statewide Standardized Forms that all Illinois courts are required to accept. Key forms include Petition for Divorce (with children or no children versions), Divorce Summons (case-type specific), Entry of Appearance (for consenting respondent), Judgment of Dissolution, and Letter to the Sheriff (if using sheriff service). All forms and instructions are available free from the Illinois Courts Approved Forms website, with the latest versions updated in March 2025. The Illinois Legal Aid Online Divorce Easy Form tool helps you complete your forms by asking questions.

Contested divorce paperwork: Contested cases involve significantly more documentation. After filing the initial petition, you must exchange financial affidavits and supporting documents for any temporary support or maintenance motions. If claiming property division, parties conduct discovery including Rule 213 interrogatories (30 total including subparts), Rule 214 document production requests, Rule 216 requests to admit, and possible depositions. If children are involved, each parent must file a proposed Parenting Plan within 120 days (jointly or separately). Contested cases may also require expert reports for business valuations, pension division (QILDRO for public pensions under 40 ILCS 5/1-119), custody evaluations, and forensic accounting.

E-filing requirements: Illinois requires mandatory statewide civil e-filing through the eFileIL portal. Good-cause exemptions exist for self-represented litigants who lack computer/internet access, have disabilities, face language or literacy barriers, or are filing sensitive documents like orders of protection (Supreme Court Rule 9(c)(4)). Fee waivers are available for qualifying litigants using the statewide Application for Waiver of Court Fees.

Which Path is Right for You?

Choose uncontested divorce if: You and your spouse can communicate and reach agreements, you have relatively simple finances and assets, you either have no children or can agree on parenting arrangements, you want to minimize cost and time, and you meet the Joint Simplified criteria (very simple cases). The absence of a waiting period in Illinois makes uncontested divorce particularly efficient.

Contested divorce may be necessary if: There is significant disagreement on parental responsibilities or parenting time, one spouse is hiding assets or being financially deceptive, there are complex assets (businesses, professional practices, executive compensation, pension division), concerns about domestic violence or child safety exist, or one spouse refuses to negotiate in good faith. Illinois's mandatory mediation for parenting issues can help resolve disputes without trial.

Consider mediation or collaborative divorce: Illinois Supreme Court Rule 905 requires mandatory mediation referrals for contested parenting, parenting time, and relocation disputes unless an impediment (such as domestic violence) exists. Mediation for financial issues is not mandated statewide but may be ordered or agreed upon. The Illinois Collaborative Process Act (750 ILCS 90) provides a structured negotiation process where parties and their attorneys sign a participation agreement committing to resolve issues outside court. If collaboration fails and litigation begins, both collaborative attorneys must withdraw. Learn more about cost-effective divorce strategies that work well in Illinois.

Estimate Your Illinois Divorce Costs

Use our interactive calculator to estimate the potential costs of your Illinois divorce based on your specific circumstances:

Additional Resources

For more information about the divorce process in Illinois, visit these official resources:

• Illinois Courts - Divorce Forms and Instructions
• Illinois Legal Aid Online - Divorce Easy Form
• eFileIL - Mandatory E-Filing Portal