A stipulated divorce in Illinois is a dissolution in which both spouses sign a written Marital Settlement Agreement resolving every issue — property, debt, support, and parenting — before the judge rules. Illinois requires 90 days of residency, charges roughly $289–$388 to file, and recognizes only one ground: irreconcilable differences under 750 ILCS 5/401. Agreed cases often finalize in 30–90 days.
This guide explains how a stipulated divorce (also called an agreed divorce, consent divorce, or settled divorce) works in Illinois, what the Marital Settlement Agreement must contain, how the Joint Simplified Dissolution shortcut works, and what it costs. Every figure is tied to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) so you can verify each claim yourself.
Key Facts: Stipulated Divorce in Illinois
| Fact | Illinois Rule | Statute |
|---|---|---|
| Filing Fee | $289–$388 (petition), varies by county; Cook County $388 | 750 ILCS 5/401 |
| Waiting Period | No fixed waiting period; 6-month separation presumption of irreconcilable differences (waivable by agreement) | 750 ILCS 5/401(a-5) |
| Residency Requirement | 90 days in Illinois before judgment | 750 ILCS 5/401(a) |
| Grounds | Irreconcilable differences only (no-fault since Jan. 1, 2016) | 750 ILCS 5/401 |
| Property Division | Equitable distribution (not 50/50) | 750 ILCS 5/503 |
Filing fees as of February 2026. Verify with your local circuit clerk.
What Is a Stipulated Divorce in Illinois?
A stipulated divorce in Illinois is a dissolution of marriage in which the spouses stipulate — agree in writing — to the terms of every contested issue, so the judge only needs to review and approve the agreement rather than decide disputes. Because no issues go to trial, these cases typically resolve in 30 to 90 days and cost thousands less than contested litigation, which averages $10,000 to $20,000 per spouse in Illinois.
The word "stipulated" comes from the legal term "stipulation," meaning a formal agreement between parties. In practice, an agreed divorce, a consent divorce, and a mutual divorce agreement all describe the same thing: both spouses have negotiated a full settlement and ask the court to enter it as the final judgment. Illinois law encourages these settlements. Under 750 ILCS 5/502, spouses are expressly permitted to enter into a written agreement "containing provisions for disposition of any property owned by either of them, maintenance of either of them, and support, parental responsibility allocation, and parenting time of their children."
A settled divorce is not a separate court case type — it is a standard dissolution proceeding that never becomes contested. You still file a Petition for Dissolution of Marriage, still meet the 90-day residency rule, and still receive a Judgment for Dissolution of Marriage signed by a circuit court judge. The difference is that a written Marital Settlement Agreement does the work a trial would otherwise do.
Illinois Residency and Grounds Requirements
To obtain any divorce in Illinois, at least one spouse must have been an Illinois resident for 90 days before the court enters the final judgment, and the sole legal ground is irreconcilable differences under 750 ILCS 5/401(a). Only one spouse must meet the residency requirement, and no proof of fault — adultery, abandonment, or cruelty — is ever required.
Illinois became a pure no-fault state on January 1, 2016, when the legislature eliminated all fault-based grounds. Today, 750 ILCS 5/401 permits dissolution only on the ground that "irreconcilable differences have caused the irretrievable breakdown of the marriage." Either spouse can allege this ground unilaterally; the other spouse cannot block the divorce by refusing to agree that the marriage has failed.
The statute creates a helpful presumption for agreed cases. Under 750 ILCS 5/401(a-5), if the spouses have lived separate and apart for a continuous period of six months, irreconcilable differences are conclusively presumed and no further proof is needed. Critically, spouses in a stipulated divorce can waive this six-month separation period by written stipulation, allowing an agreed case to finalize much faster. Because Illinois has no mandatory cooling-off period beyond this waivable presumption, a fully agreed couple who meets the 90-day residency rule can often be divorced in a matter of weeks. If you are still deciding where to begin, a personalized divorce roadmap can map your next steps.
The Marital Settlement Agreement: The Heart of an Agreed Divorce
The Marital Settlement Agreement (MSA) is the written contract that converts a contested case into a stipulated divorce, and under 750 ILCS 5/502(b) its terms bind the court unless the judge finds the agreement unconscionable. A thorough MSA in Illinois addresses property division, debt allocation, spousal maintenance, and — if there are children — parental responsibilities and child support.
Illinois law gives settled agreements strong deference. 750 ILCS 5/502(b) states that the terms of the agreement, except those providing for the support and parental responsibility of children, "are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence," that the agreement is unconscionable. This is a high bar — mere buyer's remorse or a lopsided-but-informed bargain will not void an MSA.
A complete Illinois Marital Settlement Agreement typically covers: division of real estate and the marital home; allocation of retirement accounts and pensions (often requiring a QDRO); assignment of vehicles, bank accounts, and personal property; responsibility for each marital debt; whether spousal maintenance is paid, waived, or reserved; and tax filing status for the year of divorce. Child-related terms — the allocation of parental responsibilities, a parenting-time schedule, and child support — are placed in a separate Allocation Judgment and Parenting Plan because, unlike property terms, the court independently reviews them against the child's best interests under 750 ILCS 5/602.7.
Property Division in an Illinois Stipulated Divorce
Illinois divides marital property by equitable distribution under 750 ILCS 5/503, meaning a fair division based on statutory factors — not an automatic 50/50 split. In a stipulated divorce, spouses override the court's default analysis by agreeing to their own division, and judges approve these agreements in the overwhelming majority of cases.
Understanding equitable distribution matters even when you plan to settle, because it sets the backdrop against which you negotiate. 750 ILCS 5/503(d) lists 12 factors courts weigh, including each spouse's contribution to acquiring the property, the length of the marriage, each party's economic circumstances, and the value of any non-marital property assigned to each spouse. Illinois is an equitable-distribution state, not a community-property state, so there is no presumption of an equal split.
The first step is classification. Under 750 ILCS 5/503(a), property acquired by either spouse during the marriage is presumed marital and subject to division, while property acquired before the marriage, or by gift or inheritance, is non-marital and belongs to the acquiring spouse. Only marital property is divided. In an agreed divorce, the spouses list every asset, classify it, assign a value, and decide who receives what — then memorialize the split in the MSA. To model outcomes before you negotiate, our property division calculator estimates how Illinois factors typically apply.
Spousal Maintenance and Child Support in Agreed Cases
In a stipulated Illinois divorce, spouses may agree on spousal maintenance using the statutory formula in 750 ILCS 5/504(b-1), while child support is calculated under the income-shares model in 750 ILCS 5/505 and cannot be waived. Maintenance can be paid, waived, or reserved by agreement; child support is the child's right and always subject to court review.
Illinois calculates guideline maintenance for couples with combined gross annual income under $500,000 as 33.3% of the payor's net income minus 25% of the payee's net income, and the amount plus the payee's net income cannot exceed 40% of the parties' combined net income under 750 ILCS 5/504(b-1). Duration is set by a statutory multiplier tied to marriage length — for example, a 10-year marriage yields maintenance for 44% of the marriage's length. Spouses in an agreed divorce can adopt the guideline figure, negotiate a different number, or waive maintenance entirely, provided they state the deviation reasons in the MSA.
Child support is treated differently because it belongs to the child. Illinois uses an income-shares model under 750 ILCS 5/505, combining both parents' net incomes and apportioning support by each parent's share. Even in a fully agreed case, the judge reviews the child-support figure and can reject a below-guideline amount that fails to serve the child's needs. To estimate your number, use the Illinois child support calculator before finalizing your parenting terms. Note that Illinois uses "parental responsibilities" and "parenting time," having retired the word "custody" in 2016.
Joint Simplified Dissolution: The Fastest Agreed Path
Illinois offers a streamlined shortcut — the Joint Simplified Dissolution — under 750 ILCS 5/451 through 750 ILCS 5/453, letting qualifying couples divorce with a single joint petition and often a single court appearance. Eligibility is strict: no children, a marriage of 8 years or less, marital property under $50,000, and combined gross annual income under $60,000.
The Joint Simplified Dissolution Procedure is the purest form of a mutual divorce agreement in Illinois. Both spouses file together as co-petitioners, eliminating the need for one to serve the other. To qualify under 750 ILCS 5/452, a couple must meet every condition: the marriage is irretrievably broken and the six-month separation requirement is met or waived; no children were born or adopted during the marriage and neither spouse is expecting; the marriage lasted 8 years or fewer; neither spouse owns real estate; the total fair-market value of marital property (after debts) is under $50,000; combined gross annual income is under $60,000 with neither spouse earning more than roughly $35,000; and both waive maintenance or neither depends on the other for support.
Couples who exceed any threshold — for example, those who own a home or have children — cannot use the simplified track but can still pursue a standard stipulated divorce with a full Marital Settlement Agreement. The simplified procedure trades flexibility for speed: because eligibility is narrow, it works best for short, childless marriages with modest assets. Everyone else settles the ordinary way, which is still fast when uncontested.
Filing Fees and Costs for an Illinois Stipulated Divorce
The filing fee to open a dissolution case in Illinois ranges from about $289 to $388 depending on the county, with Cook County (Chicago) charging $388 and many downstate counties charging $289 to $337. A responding spouse who files an Appearance pays a separate fee — $251 in Cook County — though co-petitioners in a Joint Simplified Dissolution avoid the second appearance charge.
Filing fees as of February 2026. Verify with your local circuit clerk. The table below compares a stipulated divorce to a contested one to show why agreement saves money.
| Cost Category | Stipulated (Agreed) Divorce | Contested Divorce |
|---|---|---|
| Court filing fee | $289–$388 | $289–$388 |
| Attorney fees (total) | $500–$3,500 (flat/limited) | $10,000–$20,000+ per spouse |
| Time to finalize | 30–90 days | 12–30 months |
| Service of process | $0 (joint) to $60 | $60–$100 |
| Total typical range | $1,000–$4,000 | $20,000–$40,000+ |
Spouses who cannot afford the filing fee may apply for a fee waiver under Illinois Supreme Court Rule 298. Applicants whose household income is at or below 125% of the federal poverty guidelines generally qualify for a full waiver, and those between 125% and 400% may receive a partial waiver. Beyond court and attorney costs, budget for incidentals such as certified copies (typically $6–$9 each) and, if retirement accounts are split, a Qualified Domestic Relations Order that a specialist may prepare for $300–$800. If your situation is more complex than a form can handle, consider consulting a divorce attorney in Illinois.
Step-by-Step: How to Get a Stipulated Divorce in Illinois
Getting a stipulated divorce in Illinois follows six predictable steps, from confirming residency to receiving the signed judgment, and an agreed couple can typically complete the entire process in 30 to 90 days. Because there are no contested hearings, the timeline depends mostly on how quickly the spouses finalize their Marital Settlement Agreement and how full the local court's calendar is.
The process works as follows:
- Confirm eligibility — verify that at least one spouse has lived in Illinois for 90 days and decide between a standard agreed divorce and a Joint Simplified Dissolution under 750 ILCS 5/452.
- Prepare and file the petition — file a Petition for Dissolution of Marriage (or a Joint Petition for Simplified Dissolution) with the circuit clerk and pay the $289–$388 fee.
- Handle service or file jointly — in a standard case, the responding spouse signs an Entry of Appearance and Waiver of Service; co-petitioners skip service entirely.
- Draft the Marital Settlement Agreement — document property, debt, and maintenance terms under 750 ILCS 5/502, plus an Allocation Judgment and Parenting Plan if children are involved.
- Attend the prove-up hearing — a brief, often-uncontested hearing (sometimes by Zoom) where a judge confirms the agreement is voluntary and not unconscionable.
- Receive the Judgment for Dissolution — the judge signs the judgment incorporating your MSA, legally ending the marriage.
Most agreed couples handle steps one through four themselves and hire a lawyer only for a flat-fee document review. To learn how these steps differ when children are involved, read our guide on child custody arrangements.