Is an Uncontested Illinois Divorce Fair?

 Posted on January 26, 2026 in Divorce

If you are considering a divorce in 2026, you may have heard the phrase "uncontested divorce." An uncontested divorce is a divorce in which couples agree on all major issues, like property and debt division, spousal support, and parenting responsibilities. Divorce is never truly easy, but uncontested divorce tends to streamline the process and make it less stressful for everyone involved.

Is uncontested divorce always fair to both spouses, though? Unfortunately, no. It is a great option when it works, but sometimes one spouse gets less than they should from the agreement. Understanding what makes an uncontested divorce fair or not can help protect you from committing to one if it's not a good idea. If you are worried about whether you’ll get a fair deal out of an uncontested divorce, our Will County divorce attorney can help you understand whether this option is right for you. Call 630-785-2400 today to schedule your free 30-minute consultation.

Why Illinois Allows Uncontested Divorce

Under 750 ILCS 5/401, Illinois allows couples to file for divorce based on "irreconcilable differences." This means you do not have to prove abuse, neglect, or other harm to be allowed to divorce your spouse. Before a divorce is final, both spouses must sign a "settlement agreement" covering issues like property division and a parenting plan. The court will review this agreement and can approve it if the judge believes it is fair and legal.

Agreement alone, though, does not equal fairness. Someone might agree to unfair terms because they do not understand their rights, they are afraid, or they want the divorce over quickly.

What Makes an Uncontested Illinois Divorce Fair?

Truly fair uncontested divorces include:  

Spouses Being Totally Honest About Their Finances.

This includes income, assets, debts, and retirement accounts. Hiding assets makes fair division impossible (and is also against Illinois law).

Roughly Equal Negotiating Power Between Spouses.

Neither spouse should be threatened or pressured into terms they do not want. They should also not be taken advantage of by a spouse who has a higher education level or more experience bargaining.

Both Spouses Understanding Their Legal Rights and the Consequences of Their Agreement.

Each person should know what they are giving up and keeping. If one spouse gives up a retirement account share, they should understand its current and future worth. People who rush without understanding what they sign often regret it later.

Putting the Needs of the Children First.

If children are involved, the agreement must involve a parenting plan that gives them stability and a relationship with both parents. The plan should include fair child support based on Illinois guidelines. Having a lawyer review the agreement helps avoid problems and protect your rights. Children should also never be used as bargaining tools or get caught in the middle of adult pettiness.

How Can I Know If My Uncontested Divorce Agreement Will Be Fair?

The single biggest factor in whether an uncontested divorce is fair or not is honesty. If your spouse is not willing to be honest, an uncontested divorce is not going to give you a fair agreement.

This includes lying by omission. If your spouse has a business or complicated investment portfolio that you do not know much about, an uncontested divorce might not be the best choice. Most people do not know what Illinois divorce law says they are entitled to receive. They might not understand spousal maintenance, retirement account division, or their rights involving the family home. It is too easy for the spouse with all the information to give themselves a bigger piece of the pie by just failing to mention a few things.

If you are unsure if your spouse will be honest or what assets they have, you should not try for an uncontested divorce. You do not have to jump straight to dramatic courtroom fighting, but you should be prepared to use legal tools to get a fair settlement.

Call a Lombard Family Law Lawyer Today

An uncontested divorce can be fair, but it takes careful attention, honesty, and legal guidance to make sure both parties benefit. If you are considering an uncontested divorce, our Will County divorce lawyers at The Law Offices of Robert F. Kramer, Ltd. can guide you through with the support you need. Our accomplished trial and appellate attorneys bring over 40 years of combined experience and will hold your hand every step of the way. Call 630-785-2400 today.