Many couples searching for uncontested divorce are looking for a way to stay out of court and complete the process efficiently. This page explains how that works and what to do next. An uncontested Illinois divorce means both spouses agree to divorce and have reached a full settlement on all legal issues, including parenting, property, and support, either on their own or through mediation.
It's an ideal path for cooperative couples who want to avoid courtroom conflict and finalize their divorce efficiently. However, even the most amicable divorce can go off track when legal documents are improperly prepared.
At Birt Family Law, we help families complete uncontested divorces with confidence, accuracy, and dignity often through affordable flat-fee options.
- What Is an Uncontested Divorce?
- What's Included
- Not Sure What Services Needed?
- FAQ
- Schedule a Planning Session
What We Offer in an Uncontested Illinois Divorce
We offer both hourly support and a Flat-Fee Uncontested Divorce Package for qualifying couples. Services are delivered remotely or in person.
- - Direct work with our attorney or paralegal
- - Telephone, email, or Zoom options
- - Secure client portal for document sharing
- - Electronic signatures from phone, tablet, or computer
- - Fewer missed workdays or commitments
- - Custom-tailored legal services
- - 15+ years of virtual service experience
- - Flat-fee savings for qualifying cases
What's Included in Our Uncontested Divorce Package?
Our Flat-Fee Uncontested Divorce Package often includes:
- - Intake and planning consultation
- - Petition for Dissolution of Marriage (Illinois)
- - Filing the petition with the court
- - Step-by-step guidance for your spouse's appearance
- - Review and suggested edits to your settlement agreement
- - Drafting of final divorce agreement (financial and/or custody terms)
- - Preparation of all court hearing documents
- - Office or remote conferences, if needed
- - Coordination and scheduling of your court hearing
- - Court appearance for your final hearing (in-person or virtual)
Custom packages are also available if you need more or less support.
Not Sure If You're Truly Uncontested?
Some couples agree on the decision to divorce — but haven't resolved all the issues yet. That's completely normal. We offer other resolution-focused paths that might be a better fit:
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The Kitchen Table Divorce
You've talked things through — now you need a professional to finalize your paperwork. -
Flat-Fee Divorce Help
You completed mediation and need help drafting and filing your agreement. -
Collaborative Divorce
You want a respectful team approach — with legal, financial, and parenting support. -
Hourly Divorce Consulting
You're close to agreement but still need legal advice, document edits, or guidance.
We'll help you figure out the best path during your first Planning Session.
Serving DuPage County and Beyond
Attorney Erin Birt helps clients throughout Wheaton, Glen Ellyn, Naperville, Warrenville, Winfield, Carol Stream, Bloomingdale, Lombard, Elmhurst, Downers Grove, Oak Brook, and surrounding areas. We also serve Cook, Will, and Kane County clients and other Illinois counties virtually.
Uncontested Divorce FAQs in DuPage County, Illinois
What is an uncontested divorce in DuPage County, Illinois?
An uncontested divorce in Illinois means both spouses agree on all terms, including parenting, property division, and support, before finalizing the case with the court.
In DuPage County, uncontested divorces are often more efficient and cost-effective when agreements are clearly documented and properly prepared for court approval.
How long does an uncontested divorce take in DuPage County?
Most uncontested divorces in DuPage County can be completed within a few months, depending on court scheduling and how prepared your documents are.
Delays are often caused by incomplete agreements or improperly prepared paperwork, which is why many couples choose professional guidance early in the process.
Do both spouses have to agree on everything for an uncontested divorce?
Yes. To qualify as uncontested, both spouses must reach full agreement on all legal issues.
However, many couples in DuPage County start the process mostly in agreement and use structured guidance or mediation to finalize remaining details before filing.
Is an uncontested divorce the same as mediation?
No. An uncontested divorce means both spouses have reached full agreement, while mediation is the process used to reach that agreement. Many couples who believe they are uncontested still benefit from mediation or structured guidance to finalize remaining details.
Do we need an attorney for an uncontested divorce in Illinois?
An attorney is not required, but professional support helps ensure your agreement is complete, enforceable, and accepted by the court.
Many couples in Naperville, Wheaton, and surrounding DuPage County communities seek legal guidance to avoid errors that can delay or complicate the final hearing.
What documents are required for an uncontested divorce in Illinois?
Common documents include:
• Petition for Dissolution of Marriage
• Settlement Agreement
• Parenting Plan (if children are involved)
• Financial disclosures and supporting forms
• Final judgment documents for court
Each DuPage County case may vary slightly depending on the specifics of your agreement.
What is included in a flat-fee uncontested divorce package?
Flat-fee uncontested divorce services typically include:
• Initial planning consultation
• Preparation and filing of court documents
• Review or drafting of your settlement agreement
• Guidance through your spouse's appearance
• Preparation for your final hearing
At Birt Family Law, services are tailored based on how much support you need.
Can we complete an uncontested divorce without going to court?
In most cases, at least one brief court appearance is still required for final approval in DuPage County.
However, when the process is handled properly, court involvement is minimal and typically limited to the final hearing.
What if we agree on most things but not everything?
This is very common.
Many couples begin thinking they are uncontested but still need help finalizing key details, especially around parenting or finances. Mediation or structured guidance can help complete the agreement so the case can move forward efficiently.
Is mediation required for an uncontested divorce?
No, mediation is not required.
However, many couples use mediation to reach agreement before proceeding with an uncontested divorce, especially if there are remaining issues to resolve.
How much does an uncontested divorce cost in DuPage County?
Costs vary depending on how prepared you are and the level of support needed.
• Fully prepared couples may qualify for flat-fee services
• Additional guidance or revisions may increase costs
Starting with a planning session helps determine the most efficient and cost-effective approach.
What are the most common mistakes in uncontested divorce?
Common issues include:
• Incomplete or unclear agreements
• Missing required court forms
• Parenting plans that lack detail
• Financial terms that are not fully addressed
These mistakes can lead to delays, additional costs, or rejected filings in DuPage County courts.
Can we file for uncontested divorce if we have children?
Yes, but additional requirements apply.
Parents must create a detailed parenting plan that addresses:
• Parenting time schedules
• Decision-making responsibilities
• Communication and transitions
Well-structured parenting plans help reduce future conflict and support long-term stability.
What if we want to stay amicable but need help organizing everything?
This is where structured planning is most helpful.
Many couples in Naperville, Wheaton, and DuPage County are cooperative but need guidance to:
• Organize decisions
• Ensure legal completeness
• Prepare court-ready documents
This allows the divorce to remain uncontested while still being handled properly.
How do we know if we qualify for flat-fee uncontested divorce services?
Flat-fee services are typically appropriate when:
• Both spouses have reached full agreement
• There are no major unresolved issues
• Both parties are willing to move forward cooperatively
A planning session can confirm whether your case qualifies.
What is the next step to start an uncontested divorce?
The best first step is confirming that your case is truly uncontested and identifying any remaining gaps.
A planning session helps you:
• confirm your agreement is complete
• identify missing pieces
• determine whether mediation or legal support is needed
• move forward with a clear and efficient plan
Schedule Your Planning Session
Start with either a free 15 minute call and/or a Planning Session to clarify your goals, get legal answers, and receive a flat-fee or hourly quote based on your situation.
Schedule Your Planning Session or call (630) 891-2478.
Our Attorneys
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Erin Birt
Since 2003, Erin N. Birt, J.D., CADC has focused her practice on pa...
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Karen Hansel
Karen is the Administrative Assistant at Birt Family Law, where she...
