Uncontested vs. Contested Divorce in Illinois: Simplified Procedures and Mandatory Steps
In Illinois an uncontested and a contested divorce share the 90-day residence rule and the same ground. Six months apart makes irreconcilable differences irrebuttable, and the court may reserve other issues.
What is the same in an uncontested and a contested Illinois divorce?
The 90-day residence rule and the ground (750 ILCS 5/401(a)). The Illinois divorce timeline calculator gives the same earliest date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Residence | 90 days next preceding the action or the finding | 90 days next preceding the action or the finding |
| Irreconcilable differences | Stated by both, or proved by six months apart | Found by the court, or irrebuttable after six months apart |
| Other issues | Settled by agreement and approved | Tried or reserved |
| Judgment before everything is settled | Possible by reserving issues | Possible by reserving issues on motion and a finding |
| Property | Settlement agreement | Divided in just proportions |
How does the six-month rule help in Illinois?
If the parties live separate and apart for a continuous period of not less than six months immediately preceding the entry of the judgment, there is an irrebuttable presumption that the irreconcilable differences requirement has been met (401(a-5)). A spouse who disagrees that the marriage has broken down cannot rebut it. Before six months, the court must find irreconcilable differences and that reconciliation efforts have failed or would be impracticable and not in the family’s best interests.
Can the court grant the divorce first and decide the rest later in Illinois?
Yes. The court enters a judgment that reserves parental responsibilities, support, maintenance or property either on the agreement of the parties or on a motion of either party and a finding that appropriate circumstances exist (401(b)). Ask a licensed Illinois attorney before ending the marriage with retirement or property still open.
What does the court have to consider for agreed cases in Illinois?
Judgment cannot be entered unless the court has considered, approved, reserved or made provision for each of the four issues in 401(b), so an agreed case still needs a written agreement or an order that deals with parenting, support, maintenance and property.
Who decides parenting issues in a contested case in Illinois?
The judge allocates parenting time on the child’s best interests and presumes both parents fit (602.7). See the Illinois parenting time calculator for the child support lines that depend on overnights.
Can a spouse object to an agreed judgment later in Illinois?
A judgment that approves an agreement on parenting, support, maintenance and property is a court order, so changes need a court order too; the court that must find the issues considered or reserved under 401(b) will not enter a judgment that leaves them unaddressed.
What changes in a contested Illinois divorce?
The court decides what the spouses cannot settle: property in just proportions without regard to marital misconduct (750 ILCS 5/503), maintenance under 504, child support under 505 and parenting time on the child’s best interests under 602.7. See the Illinois property division calculator and the Illinois parenting time calculator.
Is there a simplified procedure in Illinois?
Illinois has a simplified dissolution procedure for joint petitions, which requires the parties to certify that the statutory conditions exist. The conditions include that a spouse meets the residence requirement and that the irreconcilable differences requirement is met; ask the circuit court clerk or a licensed Illinois attorney for the full list before you rely on it.
Frequently asked questions
Does an uncontested divorce skip the Illinois 90-day residence rule?
No. The residence rule applies to every Illinois divorce.
Can my spouse stop an Illinois divorce?
Not after six months of living apart: the irreconcilable differences requirement is then irrebuttably met.
Can an Illinois court reserve property and grant the divorce?
Yes, on the parties’ agreement or on motion and a finding that appropriate circumstances exist.
Does an agreed Illinois divorce still need a parenting plan?
The court must consider, approve or reserve parenting, support, maintenance and property before judgment.
Is there a simplified Illinois divorce?
Yes, a joint simplified dissolution exists; check its conditions with the clerk.
Official sources
- 750 ILCS 5/401: dissolution of marriage
- 750 ILCS 5/503: disposition of property and debts
- 750 ILCS 5/609.2: parent’s relocation
- 750 ILCS 5/602.7: allocation of parenting time
- 750 ILCS 5/505: child support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.