Illinois Divorce Without Children (2026) — File It Yourself
No children means no Parenting Plan, no allocation of parental responsibilities, no child support — just ending the marriage and dividing what you own and owe. Illinois makes this process fast and straightforward.
Disclaimer: General legal information, not legal advice. Consult an Illinois family law attorney for your specific situation.
Illinois's Fastest Option: Joint Simplified Dissolution
If you qualify, Illinois's Joint Simplified Dissolution is the fastest path — sometimes completed in a matter of weeks.
You qualify if ALL are true:
- Married less than 8 years
- No children (and no pregnancy)
- No interest in real property (no home or land)
- Neither spouse has retirement benefits over $10,000
- Combined marital assets under $50,000
- Each spouse earns under $30,000/year (combined under $60,000)
- Both waive maintenance (alimony)
- Both have disclosed all assets and liabilities
Use a Joint Petition for Simplified Dissolution — both file together. Available at illinoislegalaid.org.
If you don't qualify, use the standard uncontested dissolution process below.
Two Paths for Standard Dissolution
Uncontested: Both spouses agree on all terms. One files as petitioner, the other responds or files an Entry of Appearance.
Default: Spouse is served but doesn't respond within 30 days. Court proceeds without them.
Residency
At least one spouse must have been an Illinois resident for 90 days before the court enters the Judgment. You can file before meeting this requirement.
The Forms You Need
Best source: illinoislegalaid.org — document assembly generates completed forms.
Core forms:
- Petition for Dissolution of Marriage — starts the case
- Summons — served on respondent
- Entry of Appearance (respondent signs in agreed cases — waives formal service)
- Marital Settlement Agreement — all property, debt, and maintenance terms
- Judgment of Dissolution of Marriage — judge signs this
Cook County has additional specific local forms — use cookcountycourt.org if filing in Cook.
Property and Debt Division
Illinois is an equitable distribution state. Courts divide marital property fairly — not automatically 50/50, but courts generally start near equal.
In an agreed divorce, you set the terms. Courts approve any reasonable voluntary agreement.
Your Marital Settlement Agreement Must Cover
Assets:
- Real estate (address, legal description, what happens to it)
- Vehicles (year, make, model, VIN, who keeps, who pays the loan)
- Bank and investment accounts (institution, type, last 4 digits)
- Retirement accounts (QDRO required for employer plans — see below)
- Valuable personal property
Debts:
- Mortgage and refinancing requirement (if one spouse keeps the home)
- Vehicle loans
- Credit card balances (specify each by issuer and last 4 digits)
- Student loans and personal loans
Maintenance (Alimony): Illinois uses the term "maintenance" (not alimony). In an agreed divorce, you can waive it entirely or agree to any amount and duration. Include a clear maintenance waiver if neither spouse wants it.
Retirement accounts: Contributions made during the marriage are marital property. Dividing employer plans requires a QDRO after the divorce is final. Engage a QDRO specialist — don't let this fall through the cracks.
Step-by-Step: Uncontested Illinois Divorce Without Children
Step 1
Confirm residency (or confirm you'll meet it before judgment). Check if you qualify for Joint Simplified Dissolution.
Step 2
Visit illinoislegalaid.org and use document assembly to generate your forms.
Step 3
Complete Petition for Dissolution of Marriage. File at Circuit Clerk in your county. Pay filing fee ($210–$400).
Step 4
Serve your spouse via sheriff ($25–$60) or have them file an Entry of Appearance (free and immediate for cooperative spouses).
Step 5
Wait 30 days for response (or get Entry of Appearance immediately).
Step 6
Draft and finalize your Marital Settlement Agreement. Both spouses sign.
Step 7
File prove-up documents. Schedule brief hearing (or submit on paper in some counties).
Step 8
Attend prove-up hearing. Judge signs Judgment of Dissolution.
Step 9
File signed Judgment. Get certified copies. Done.
Timeline and Cost
| Scenario | Minimum | Typical |
|---|---|---|
| Joint Simplified Dissolution | Days | 2–4 weeks |
| Standard agreed, no children | Days | 4–8 weeks |
| Default divorce | 30+ days | 2–4 months |
| Expense | Cost |
|---|---|
| Filing fee | $210–$400 |
| Sheriff service (if needed) | $25–$60 |
| Certified copies | $2–$6/page |
| Total DIY | $220–$480 |
FAQ
Do I have to appear in court? For uncontested cases in many Illinois counties, you can submit documents by mail or e-file. Some counties require a brief prove-up appearance. Check with your specific county Circuit Clerk.
Can we waive maintenance entirely? Yes — include a clear maintenance waiver in your Marital Settlement Agreement.
What is the difference between Simplified and Standard Dissolution? Simplified is for short marriages with limited assets and no children. Standard works for any uncontested case regardless of income, assets, or marriage length (as long as both spouses agree).
Last reviewed: March 2026
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.