Do I Need a Lawyer for an Uncontested Divorce?

 Posted on October 07, 2025 in Divorce

An uncontested divorce is generally a smoother and more cooperative way to end a marriage. It is arguably simpler, but there are still important legal steps to follow. Small mistakes can delay the process or cause problems in the future. Working with a DuPage County, IL divorce lawyer can help you avoid errors, ensure your paperwork is correct, and protect your rights during and after the divorce.

Uncontested vs. Contested Divorce in Illinois

An uncontested divorce happens when both spouses agree on every major issue. These include property division, spousal maintenance, child custody, parenting time, and child support. Since there are no disputes, uncontested divorces are usually faster and less expensive.

A contested divorce occurs when the spouses cannot agree on one or more important issues. Even a single disagreement can make a case contested. For example, if you cannot decide who should keep the home or how to split your debt, your divorce becomes contested. The process often involves multiple hearings, mediation, and sometimes even a trial before a judge. As a result, they can take longer and cost more. Overall, a contested divorce is more stressful.

Remember, whether your divorce is contested or uncontested, it must follow Illinois law. For example, under 750 ILCS 5/503, property must be divided in a way that is fair to both spouses. Even in an uncontested divorce, you will have to show the court how you plan to divide assets and debts. If the agreement is not fair, the judge may reject it. This is where a lawyer will benefit you. We can make sure your settlement meets all the legal requirements for everything from property division to custody.

How Can I Finalize My Uncontested Divorce as Quickly as Possible?

The fastest way to finalize an uncontested divorce is by being prepared. This includes completing all forms, preparing financial disclosures, and drafting a settlement agreement that addresses every issue.

Illinois also offers the joint simplified dissolution of marriage under 750 ILCS 5/452. This option is designed for couples with no children, little property, and shorter marriages. To qualify, the marriage must have lasted less than eight years, and neither spouse can request spousal support. Both spouses must agree to the terms in writing. If you qualify, this is often the quickest way to get divorced.

Benefits of Hiring a Lawyer for an Uncontested Divorce

An attorney can provide many benefits during an uncontested divorce. They can write and review settlement agreements to ensure they are enforceable and check that property and debts are divided according to Illinois law. They will ensure spousal support terms are fair and practical. Most importantly, legal guidance helps prevent mistakes that could cause delays, future disputes, or unexpected costs.

When children are involved, the court must ensure custody and parenting plans are in the child’s best interests. According to 750 ILCS 5/602.5, judges have to consider many factors. Among them are your child’s needs, each parent’s role, and the stability of your home. Even if you both agree, the judge will only approve your plan if it addresses all concerns. A lawyer can help create a plan that works for your family while satisfying court requirements.

Do You Still Need To Go to Court for an Uncontested Divorce in Illinois?

Even in uncontested cases, at least one spouse must go to court. The judge will review the paperwork, ask a few questions, and confirm that the agreement is fair. This hearing is often brief, sometimes lasting only ten minutes, but it is a required step. With the help of an attorney, you do not have to feel nervous about appearing in court. Having someone experienced by your side can make the process less stressful.

What Happens at a Hearing for an Uncontested Divorce in Illinois?

At the hearing, the judge will place one spouse under oath and ask direct questions. These are meant to confirm that the divorce is voluntary and that both spouses understand the terms. Common questions include:

• Is the marriage broken and beyond repair?

• Do both spouses want the divorce?

• Did you review and sign the settlement agreement?

• Do you believe the agreement is fair?

• Do you understand that by signing, you are giving up the right to a trial?

• Are you entering into the divorce willingly and without pressure?

• If children are involved, who will make major decisions about schooling, health care, and activities?

• How will parenting time be divided, including weekends, holidays, and vacations?

• Do both parents believe the parenting plan is in the child’s best interests?

• Have child support payments been calculated according to state guidelines?

These questions give the judge confidence that both parties know what they are agreeing to and that no one is being forced into an unfair settlement.

When Is an Uncontested Divorce Not the Best Option?

Uncontested divorce is not the right choice for everyone. Some cases require closer review by the court or stronger legal protection. These include situations with:

• Hidden assets or income: When one spouse conceals property or money, the other cannot receive a fair share without legal action.

• Disputes over property or debts: If you cannot agree on how to divide things, you may need the court’s help.

• Custody or parenting conflicts: Disagreements about parenting time or decision-making usually require a judge’s involvement.

• Domestic abuse: If one spouse has been violent or abusive, an uncontested process is not safe.

• Coercion or pressure: If one spouse is being pressured or manipulated into signing an agreement, the process is not truly voluntary.

• Unequal bargaining power: When one spouse controls the finances or key information, the other may be at risk without legal support.

In these situations, a lawyer is always necessary. They can investigate, advocate for your rights, and make sure the court hears your side of the story.

Contact a Wheaton, IL Divorce Attorney Today

Our DuPage County, IL divorce lawyer has the experience and dedication to help clients through both uncontested and contested divorces. He brings insight from his years as a former Assistant State’s Attorney in DuPage County. Also, his background in the courtroom gives him a clear understanding of how judges review cases and how to build strong arguments. He will use that experience to protect your rights and ensure you have an enforceable agreement. Call Davi Law Group today at 630-657-5052 to schedule a free consultation.