Is Joint Simplified Divorce the Same Thing as Uncontested Divorce in Illinois?

 Posted on February 09, 2026 in Divorce

If you are looking into divorce options in Illinois in 2026, you may have heard "joint simplified divorce" and "uncontested divorce" used as if they mean the same thing. Both sound like they could make the process easier. They are not, however, the same.

A joint simplified divorce is a specific type of uncontested divorce with very strict requirements. If you are trying to understand which option is best for your case, a DuPage County divorce attorney can help.

What Is an Uncontested Divorce?

An "uncontested divorce" means you and your spouse agree on all major issues. You are not fighting about property, spousal support, or parenting time. You file a standard petition for "dissolution of marriage" and write up a marital settlement agreement. If you have children, you make a joint parenting plan.

Uncontested divorces are faster and less expensive than litigated divorces. There are no rules about getting an uncontested divorce based on how long you have been married, how much money you make, or whether you have children. As long as you agree on all issues, you can file for uncontested divorce.

What Is a Joint Simplified Divorce?

A joint simplified divorce is an even quicker version of an uncontested divorce. Only some couples can use it. Under 750 ILCS 5/452, you must:

• Have been an Illinois resident for at least 90 days.
• Have been married for eight years or less.
• Have no children together and not be expecting any.
• Not own any real estate.
• Have a total marital property value that is less than $50,000, excluding retirement assets.
• Have a combined income of less than $60,000 per year.
• Not earn more than $30,000 apiece annually.
• Have exchanged tax returns for all years of the marriage.
• Agree to waive any right to spousal support.

If you meet all these requirements, you use simpler court forms and file jointly. You do not serve your spouse with papers.

Should You Choose an Uncontested Divorce or a Joint Simplified Divorce?

If you qualify for joint simplified divorce and are sure you do not need spousal support, this option can save time. The process can sometimes be completed in just a few weeks. The website for the Clerk of the Circuit Court of Cook County recommends that you still talk to a lawyer about your divorce, even if you choose joint simplified.

Many divorce lawyers are cautious about this option because the income limits are very low. In 2026, $30,000 a year is barely above minimum wage in many parts of Illinois. People at this income level often need alimony the most, but in order to use this process, they must give it up.

An uncontested divorce gives you more flexibility. You can negotiate an agreement that includes spousal support if needed. You can also take time to think through property division. The process may be slightly more complex, but you keep your legal rights.

If you have any doubt about whether a joint simplified divorce is right for you, talk to a lawyer first. A consultation can help you avoid costly mistakes even if you want to file the paperwork yourself.

Can You Switch From Joint Simplified Divorce to Uncontested Divorce?

If you start the joint simplified process and realize it is not working, you can switch to a regular uncontested divorce. The court will let you refile with standard forms.

You can also go the other direction. If you begin with a standard petition and later realize you meet the requirements for joint simplified divorce, you can switch.

Call a Wheaton, IL Divorce Attorney Today

Choosing between joint simplified divorce and uncontested divorce depends on your specific situation. At Andrew Cores Family Law Group, our divorce attorneys can help you figure out which option makes sense. A DuPage County uncontested lawyer can review your finances, explain your rights, and make sure you are not giving up anything important just to speed up the process.

Contact Andrew Cores Family Law Group at 630-871-1002 today to discuss your divorce options with a Wheaton divorce attorney.