Family & Safety

In order to file for a divorce with children, at least one spouse must have lived in Illinois for 90 days. In addition, the spouses:

• Have at least one biological or adopted child together under the age of 18, or is currently pregnant, or
• Have at least one child together who is over the age of 18 and needs financial support to attend school or due to a disability.

If the above is not true, then you can proceed with a divorce without children. Learn more about getting a divorce without children. 

Finally, consider whether it is best to get a lawyer to help you with filing for divorce. For simpler, less complicated cases without substantive property or debt, a lawyer may not be necessary. However, a lawyer is recommended in situations where:

• The divorce is contested: the spouses cannot come to an agreement on major issues involving property or debt;
• One spouse is represented by a lawyer: a pro se spouse is at a distinct disadvantage in a divorce if the other spouse is represented by a lawyer; or
• There is domestic violence involved in the relationship.

Use Get Legal Help to find a free legal aid organization or private lawyer.

Decide what you believe would be most appropriate and determine whether your spouse and you agree about: 

• Issues related to the children,
• Division of property,
• Division of debt, and
• Financial support.

Agreements help the process move much faster, and anything you cannot agree on will eventually be decided by a judge.

Next, gather information that you will need to complete the forms. You will need to know the following:

• The date you were married,
• The city, county, and state where you were married,
• The date you separated or were no longer in a marital relationship,
• Your spouse’s current home address, an address where your spouse can be found, or proof that you have made documented attempts to find your spouse but still do not know where they are,
• Your children’s full names and dates of birth, and
• A list of the following that you and your spouse have together or separately:
  • All personal property, including bank accounts,
  • All real estate, whether or not you are currently paying a mortgage,
  • All claims for money, for injuries, or damages suffered during your marriage,
  • All pension and retirement accounts, and
  • All the debt incurred since you got married.

Use our Divorce program to fill out and sign the forms listed below. Keep all of your court orders, pleadings, and any relevant documents in the same place. We recommend putting everything in a folder and bringing it to court. Make three copies of each form:

• How to Get a Divorce (with Children)
• Petition for Divorce with Children (Divorce with Children)
• Additional Children Information - Petition (Divorce with Children)
• Other Information about Your Children - Petition (Divorce with Children)
• Summons (Divorce)
• Letter to the Sheriff (Serving a Summons and Petition for Divorce)
• Appearance (Divorce)
• Judgment for Dissolution of Marriage/Civil Union (Divorce with Children)
• Additional Children Information - Judgment (Divorce with Children)
• Additional Debts & Liabilities (Divorce)
• Additional Personal Property and Bank Accounts (Divorce)
• Certification Agreement (Divorce with Children)
• How to Get an Order for Child Support in Your Case
• Order for Support (Child Support and Maintenance)
• Support Information Sheet
• How to Fill out the Income Withholding for Support Form
• Income Withholding for Support
• Letter to Employer about Income Withholding for Support
• How to fill out the Certificate of Dissolution of Marriage/Civil Union
• Certificate of Dissolution of Marriage/Civil Union
• Domestic Relations Cover Sheet (Cook County)
• Financial Affidavit - if you will be asking for child support and/or spousal maintenance

Note that while the divorce petition must include some information, there are some things you cannot include:

• Anyone’s date of birth,
• Anyone’s social security number,
• Anyone’s individual tax identification number,
• A bank account, debit card, or credit card number, 
• Any driver’s license number, and
• The full names of any minor children. (Use initials instead. Note that in Cook County, use full names)

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website. However, if you qualify, you can get a fee waiver. A fee waiver allows you to file for free or at a reduced cost.

Now that you have filled out your court forms, file your documents:

• Online via e-filing, or 
• In person, if you qualify for an exemption from the Illinois e-filing mandate.

If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See e-filing basics for more information.

You will file the following forms with the circuit clerk:

• Petition for Divorce with Children (Divorce with Children) 
• Additional Children Information - Petition (Divorce with Children) - if needed
• Other Information about Your Children - Petition (Divorce with Children) - if needed
• Certificate of Dissolution of Marriage/Civil Union
• Any additional forms that are required by that county

The completed forms should be filed at the courthouse in the county where you live. If you do not live in Illinois, you may file for divorce in the Illinois county where your spouse lives. If you and your spouse live in different counties, either county will work. If you both live in the same county, file in that county. If your spouse later wants to change the county of the divorce case, they must bring it up in their Answer or Response. If the county where your divorce case is being heard needs to be changed, you should talk with a lawyer.  Your case does not begin until your paperwork is properly filed with the clerk’s office.

When you file for divorce, you are now known as the “petitioner,” and your spouse is now called the “respondent.” The law requires that the respondent be officially notified of the divorce case. To do this, the Summons (Divorce) must be completed and given to the circuit clerk. The clerk’s office will sign and date, then add its seal. The Summons will then be stapled to the front of the filed Petition for Divorce with Children (Divorce with Children). Next, you can contact the sheriff’s office to notify the responding spouse, or you can see if the responding spouse is willing to just accept the documents and file an Appearance (Divorce).

Sheriff’s office
The local sheriff’s office in the county where the responding spouse lives can help serve the forms on them. You can bring the sheriff a copy of the Summons and Petition for Divorce in person. You will have to pay the sheriff’s fees or provide the fee waiver order, if it was approved.

Alternatively, you can mail the forms to the sheriff’s office in the county where the responding spouse lives. You should call the sheriff’s office first to confirm the address to send the documents to and what is required, including the number of copies.  Generally, you must send the Summons, Petition for Divorce, and the Letter to the Sheriff form.  You must include money for fees that are required unless you provide a fee waiver order. Finally, you must also include a self-addressed, stamped envelope so the sheriff can mail the Proof of Service of Summons and Petition for Divorce back to you. 

If the sheriff is not able to successfully give the documents to the responding spouse, you should find out the reasons why. If it’s something you can fix, you may be able to complete another Summons form and check the “Alias Summons” box at the top of the form. Note that in some counties, you can automatically complete this form and have the circuit clerk sign, date, and seal it like before. The new alias summons can be stapled to the petition and given to the sheriff to serve.  In other counties, however, you will need to ask the judge for permission first before you can do this. 
 

Respondent signs and files an Appearance (Divorce)
If your spouse agrees to accept the Summons and the Petition for Divorce (Divorce with Children) from you, it does not need to be officially served to them by the sheriff. However, they must complete, sign, and file an Appearance (Divorce) form. If they later refuse to file this form, you will need to formally serve them through the sheriff’s office.

If you are unable to find a good address for the responding spouse, you can look into other ways to legally notify them of your case. Your divorce case cannot be finalized until your spouse is legally notified of this case by specific, approved methods. Learn more about notifying the other party when starting a family law case.

Once the forms have been legally served to the responding spouse, wait 30 days. The next step in the divorce process depends on whether the responding spouse files either 1) Answer or Response or 2) Appearance (Divorce) with the circuit clerk’s office. If you have not received a copy directly from the responding spouse at the end of the 30 days, check the e-file system and contact the circuit clerk to see if there is a copy in their file.

If the Answer or Response, or the Appearance (Divorce) has been filed
You can contact the circuit clerk for a court date. One may be scheduled for you, or you may have to schedule it yourself. Once you have the date, ask the clerk if they will send the notice of the court date to the responding spouse, or if you have to. If you are required to, you will need to send the responding spouse a Notice of Court Date.

If the Answer or Response, or the Appearance (Divorce) has not been filed
If the responding spouse has not filed either of these documents within 30 days of being served, you can proceed with the default process by filing a Motion for Default (Divorce) and an Order for Default (Divorce). With this, you are asking the judge to finalize your divorce without the responding spouse’s participation. Note that some counties also require an Affidavit as to Military Service when asking for a default.

When spouses with children are divorcing, Illinois requires a parenting class. This class is designed to help improve communication skills between parents and their kids, as well as help parents avoid hurting their kids during a divorce.

You must take a court-approved class. You can ask the circuit clerk for a list of options. Unless you have an approved fee waiver, you will have to pay the class fees. Be sure to get a copy of your certificate showing completion of the class.

The class is four hours long. It can be taken online or in person. The parents must complete the class by themselves, and not with the other parent or their children.

The next step is preparing for the hearing in the divorce case. In an “uncontested case” where a) the spouses cooperate and will agree to the divorce and all the terms or b) the responding spouse has not filed an Appearance (Divorce)) form or an Answer or Response form, nor has the spouse otherwise participated in this divorce case, this hearing is called a “prove up” hearing. In a contested case in which both spouses participate but disagree, it will be a “trial.”

You will need to bring a photo ID to this hearing. Put together a folder of all the forms and records filed in your case. You will need to complete and include an original and two copies of each document: 

• Judgment for Dissolution of Marriage/Civil Union (Divorce with Children)
• Additional Debts & Liabilities (Divorce) - if needed
• Additional Personal Property and Bank Accounts (Divorce) - if needed
• Order for Support (Child Support and Maintenance)
• Support Information Sheet
• Parenting Plan (Parenting plan program)
• Additional Parenting Time - if needed
• Any additional forms that are required by that judge or county

There are additional forms for certain situations:

• In an uncontested case where both spouses cooperate and agree to the divorce and all the terms, the Certification Agreement (Divorce with Children) is required.
• In an uncontested case where your spouse did not file the Appearance (Divorce), Answer or Response, or otherwise participate in the case, also bring the Order for Default (Divorce) if you are proceeding as a default divorce and have filed a Motion for Default (Divorce).

Next, you will need to be prepared to explain your case to the judge.  Bring with you:

• A written statement or notes on how you will explain your case to the judge and what you will ask the judge to give you;
• A list of questions for any witnesses you plan to bring with you to help your case (written statements sometimes are not allowed); 
• A list of questions you have for witnesses your spouse plans to bring; and
• An original and two copies of any documents that are important to your case.

You should have received a court date and time on the written notice from the other party or circuit clerk. If you cannot find your court date and time, call the circuit clerk. In some counties, you may be able to get this information through the clerk’s online tracking system.

You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Note that most people who work in the courthouse cannot give you legal advice. This means they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. If this is your first time going to court, learn more about the process of going to court in Illinois.

Follow these suggestions when going to court:

• Be polite and dress the way you would for a job interview.
• Get to the courthouse at least 30-45 minutes before your hearing time.
  • If your court appearance is virtual, log in a few minutes early. You should be in a quiet, distraction-free place without background noise. Make sure you know how to connect to audio and unmute yourself to speak. Learn more about remote appearances.
• Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk.
  • If your court appearance is virtual, the login information should be on your court order. If you do not have your court order, ask the judge’s coordinator for the login information or call the circuit clerk.
• Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat.
• Tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom).
  • If your court appearance is virtual, give the clerk and coordinator your name, your spouse’s name, and your case number. Make sure the name listed for you in the virtual program window is your full legal name.
• Listen for your name or your line number to be called, and then step up to the bench.
• You may be sworn to tell the truth, so answer the questions truthfully.
• Briefly explain to the judge what you want in the final divorce judgment and other orders, and whether you have documents to give them or witnesses you want to question. The judge can ask you and your witnesses questions. If your spouse is present, they can also ask the witnesses and you questions.
• After you have testified, you should present the Judgment for Dissolution of Marriage/Civil Union (Divorce with Children) and other documents you completed to the judge.
• If your spouse is present, they will also have an opportunity to present their information. You will have the chance to ask your spouse and their witnesses questions and review the documents they bring. You will have an opportunity to explain to the judge why they should not consider the documents in their final decision.
• After listening to you and your spouse, the judge will tell you what happens next. The judge may make a decision and sign the final judgment and orders. The judge may also decide to set a new court date because they need more information or mail you the judgment and order at a later time.
• You should get a copy of whatever order is signed by the judge that day. Don’t leave the courtroom without it.
  • If your court appearance is virtual, ask the judge if you are expected to write and submit the order. Or, the judge’s staff may draft the order. Make sure the court has your email address so you can receive an electronic copy of your order once it is entered.

If the judge has signed the Judgment for Dissolution of Marriage/Civil Union (Divorce with Children) and any orders, such as the Order for Support (Child Support and Maintenance), be sure to get copies and file them with the clerk. If child support has been ordered, you must also file the Support Information Sheet with the clerk and get a file-stamped copy for yourself. If you e-file this, select “Confidential” for the security type.

Next, send a file-stamped copy of the Judgment and all other orders to your spouse and keep one file-stamped copy for your records. If your spouse did not show up to the hearing, you must send them a copy by 5:00 pm on the day you get the Judgment. You must complete and file a Proof of Delivery form to prove that you sent this copy.

If your court appearance is virtual, make sure you give the judge’s staff your email address. This is so you get copies of the Judgment and orders electronically.

Some counties, including Cook County, require you to get a transcript of the court hearing for the court file. Some judges may even require this before signing the final judgment, but others may not if both spouses were present at the hearing and agreed to waive this requirement. In Cook County, you can ask the judge to sign the Order for Free Transcript if a fee waiver is approved. Otherwise, you will need to pay the transcript fee to the Cook County court reporter, who can be contacted at (312) 603-8405. After you receive the transcript in 3 - 4 weeks, you will sign the last page and give the transcript to the circuit clerk.

If you’ve changed your last name back to your maiden name, you will need certified copies of the Judgment in order to change your name on legal records. In some counties, you will have to pay a fee for certified copies if it’s been more than 48 hours since the hearing.

Finally, if child support has been ordered against your spouse, you will need to take additional steps. If you know your spouse’s employer, you have two options:

• Fill out the Letter to Employer about Income Withholding for Support and Notice to Withhold Income. Send these two forms along with the Order for Support (Child Support and Maintenance) signed by the judge via certified mail, return receipt requested. Keep this green card in your files to prove that the employer got the request. Or
• Apply for help with the Illinois Department of Healthcare and Family Services (IDHFS). If your case is registered, IDHFS will send the Income Withholding for Support and Notice to Withhold Income to the employer. They can later help enforce the order if needed.

Later, if there is no child support payment received within 60 days, you can take the following steps to follow up on your child support:

• Contact your spouse’s employer and confirm they received the withholding information and have started this process by sending payments to the State Disbursement Unit (SDU).
• If the employer has been sending payments to the SDU, contact the SDU at (877) 225-7077 to ask about the status of the payments and confirm they have your correct address.
• Confirm you are receiving mail with the US Postal Service if payments were sent by mail.
• If you are in Cook County, and the SDU/IDHFS says they do not have a record of the case, then try taking the Support Information Sheet to the clerk’s office for processing again.
• If you still have not received payments, reach out to a lawyer for help or call the Child Support Enforcement Division of the Illinois Attorney General’s Office at (800) 447-4278.