The Difference Between a No-Fault and an Uncontested Divorce

 Posted on June 28, 2026 in Uncontested Divorce

If you have started researching divorce in Illinois, you have probably come across both of the terms "no-fault divorce" and "uncontested divorce." You may have assumed they mean the same thing.

But a no-fault divorce and an uncontested divorce describe two completely different aspects of the divorce process. Understanding the difference between them will help you learn more about what your divorce might look like, as well as what your options are. Our Aurora, IL divorce attorneys can explain more.

What Is a No-Fault Divorce in Illinois?

A no-fault divorce means that neither spouse has to prove the other did something wrong in order to end the marriage. In the past, states required one spouse to give specific grounds for divorce like adultery, cruelty, or abandonment, and then prove it in court. That approach was expensive, time-consuming, and produced intense hostility.

Illinois eliminated fault-based divorce in 2016 under the Illinois Marriage and Dissolution of Marriage Act. Today, the only grounds for divorce in Illinois is "irreconcilable differences," which means the marriage has broken down beyond repair.

As of 2026, Illinois family law still requires this as the only allowed reason for ending a marriage in the state. You do not need to explain to a judge what went wrong or prove your spouse was at fault. You simply need to show that the marriage is over.

This change made divorce more straightforward in some ways, but it didn’t necessarily make it simple. Even when neither spouse is blaming the other, divorcing couples still have to deal with issues like property division, spousal support, child custody, and child support.

What Is an Uncontested Divorce in Illinois?

An uncontested divorce is something different entirely. It describes a situation where both spouses agree on every important issue in the divorce before the case goes before a judge for approval. That means they have reached an agreement on:

• How marital property and debts will be divided
• Whether spousal maintenance (alimony) will be paid, and if so, how much and for how long
• Parenting time and decision-making responsibilities (child custody) for any minor children
• Child support

When both spouses agree on all of these issues and put that agreement in writing, the divorce can move through the court system much faster and cheaper than a contested case can. In DuPage County and Kane County, an uncontested divorce can sometimes be finalized in a matter of weeks once all the paperwork is filed.

Can an Illinois Divorce Be Both No-Fault and Uncontested?

All uncontested divorces in Illinois are also no-fault divorces. Because Illinois only recognizes irreconcilable differences as grounds for divorce, every divorce filed in the state today is a no-fault divorce. Whether the divorce is also uncontested depends on whether the spouses can negotiate a settlement outside of court.

Think of it this way: "no-fault" describes why you are divorcing. "Uncontested" describes how the divorce process is handled.

What Is a Contested Divorce?

A contested divorce is the opposite of an uncontested divorce. It does not necessarily mean the spouses hate each other. It simply means they have not been able to agree on one or more issues. Common issues people don’t agree on include:

• Who keeps the family home or how its value is divided
• How retirement accounts and investments are split
• Whether one spouse is entitled to alimony and for how long
• How parenting time is set up when both parents want maximum time with their children
• How a family-owned business is valued and divided

When spouses cannot agree, a judge decides for them. That process involves a long process of discovery, financial disclosures, sometimes expert witnesses, and potentially a trial. It takes longer and costs much more than an uncontested divorce.

Should I Use an Attorney Even if My Divorce Is Uncontested?

Many people assume that because they and their spouse agree on everything, they do not need legal help for their divorce. That assumption leads to some expensive and sometimes tragic mistakes. Here are some reasons not to do a DIY divorce.

Agreements That Seem Fair May Not Be

When you are in the middle of a divorce, it can be difficult to evaluate financial settlements clearly. A spouse who earns much more, handles the household finances, or has access to better legal or financial advice may be in a better negotiating position. What initially sounds like a fair agreement really might not be.

Illinois Law Determines What Judges Will Approve

Even in an uncontested divorce, a judge must review and approve your agreement before it becomes a court order. Illinois courts will not approve agreements that do not follow state law, particularly when children are involved.

If your divorce settlement does not meet the requirements of the Illinois Marriage and Dissolution of Marriage Act, it will be sent back for revision.

Retirement Accounts Require Separate Legal Documents to Be Divided

Dividing a 401(k) or pension requires a separate court order called a Qualified Domestic Relations Order. Without one, the transfer cannot happen, and attempting to divide retirement assets without the proper paperwork can trigger tax penalties. This is not something to deal with without an attorney.

You Cannot Undo a Divorce Agreement

Once your divorce is finalized and your agreement is entered as a court order, changing it is very difficult. You generally need to show a substantial change in circumstances, and some things can’t be changed at all. Getting it right the first time is less expensive and less stressful than trying to change an order later.

Protecting Your Children

If you have minor children, the parenting agreement you reach now will affect your family for years. Questions about holidays, school decisions, medical decisions, and what happens if one parent wants to move all need to be addressed. An attorney can help you anticipate issues you might not think of but that will be real problems later on.

Contact a DuPage County Divorce Lawyer

Whether your divorce is likely to be straightforward or deeply complicated, you’ll want experienced legal guidance. At The Law Office of Matthew M. Williams, P.C., our Aurora, IL uncontested divorce lawyers have more than 25 years of experience helping Illinois families get through every type of divorce case. We offer free consultations so you can get an idea of what you need before making any decisions.

Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 today.