Family & Safety

First, you will need to decide which of the following forms you want to file. You can file some or all of the forms. They accomplish different legal objectives. At a minimum, the Appearance (Divorce) and Answer or Response should be filed. If a counterpetition is wanted, then it should be filed along with the other two documents.

Fill out and sign the forms you want to file. Make at least four copies of each form when you are done:

• Appearance (Divorce): document that notifies the judge that you want to participate in the divorce case. It ensures you receive notifications from the court. You can find the statewide Appearance (Divorce) form on the Illinois Courts website. You can also use this program to complete the form.
• Answer or Response: document that responds to the Petition for Dissolution of Marriage and tells the judge if you agree or disagree with what is alleged in that petition. You must respond to each numbered statement in the Petition for Dissolution of Marriage . You will either admit, deny, or state that you cannot admit or deny because you do not have enough information to admit or deny. You can find the statewide Answer or Response form on the Illinois Courts website. You can also use this program to complete the form.
• Counterpetition:  document that you can file containing your own allegations and requests. Should your spouse stop participating in the case or dismiss their own divorce, the case will continue if a counterpetition has been filed. Once you file a counterpetition, you can be referred to as a “respondent” and as a “counterpetitioner.”  Your spouse can be referred to as a “petitioner” or a “counterrespondent.” Some circuit clerks may have counterpetition forms on their site. If one cannot be found, learn how to conduct your own legal research.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

Keep in mind that there are fees to participate in a divorce case.  To find out the fees, contact your local circuit clerk's office. If you do not have money to pay court fees, you can complete and file the Application for Waiver of Court Fees. This form asks the court not to require you to pay the court filing fee. 

You are required to provide notice to your spouse if you’ve filed the Appearance (Divorce), Answer or Response, or Counterpetition. Once you receive a file-stamped copy of your forms from the clerk, send a copy to your spouse at the address provided in their court papers. If your spouse has a lawyer, send a copy to the lawyer. You can find the lawyer's contact information on the Petition for Dissolution of Marriage.

You must provide notice by 5:00 PM on the same day you file the forms with the circuit clerk. Send the copies in the way you said on the Proof of Delivery portion of your document, whether by hand delivery, by mail, or by email. 

Keep one copy of each form for your records.

The next step is preparing for the hearing in the divorce case. In an “uncontested case” where the spouses cooperate and agree to the divorce and all the terms, the hearing is called a “prove up” hearing. In a “contested case” where both spouses participate but disagree, this 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, including any motions or pleadings filed, like your Answer or Response.

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.
• Since your spouse filed for the divorce, they will go first in the hearing. They will have the 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.
• The judge will then give you the opportunity to explain to them 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. Your spouse can also ask the witnesses and you questions.
• 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.

It is important to get copies of what orders are signed that day, including the final divorce judgment. You will need file-stamped copies of these orders for your records.