Family & Safety

A divorce is the legal process of ending a marriage or civil union. In Illinois, the process is called “dissolution of a marriage.” In a divorce, the court ends the marriage and all the legal benefits that come with it. At the end of a divorce case, a judge will issue an order called a "decree" or "judgment" that officially ends the marriage. The divorce judgment will cover the issues such as:

• Children and pets
• Property and debt
• Spousal maintenance (also known as “alimony”)

A spouse is the term used to refer to the two people in a marriage. It can refer to a husband, a wife, or a domestic partner.

The spouse who files the petition for divorce is called the “Petitioner.” For simplicity, this spouse may be referred to in this content as the “filing spouse.”

The spouse who did not file the petition is called the “Respondent.” In this content, this person will be referred to as the “responding spouse.”

After a divorce is filed with the clerk by the filing spouse (petitioner), the filing spouse must legally notify the responding spouse (respondent) of the divorce. Learn more about the ways the responding spouse can be served with process.

The responding spouse will be given the:

• Petition for Dissolution of Marriage: document states that the filing spouse wants a divorce and lists what they want from the divorce. It includes how the filing spouse wants to divide up the debt, assets, and property, as well as decide what happens with any children.
• Summons: document that tells the filing spouse where and when to file an Appearance and an  Answer or Response to the divorce petition.
   

The responding spouse does not have to be formally served with the divorce papers if they agree to accept the documents. They must sign and file the following forms with the court:

• Appearance (Divorce)  and
• Answer or Response

If the responding spouse later does not file these documents, then the filing spouse must legally notify them through service of process.

Depending on how the responding spouse wants to proceed after being served with the divorce papers, they can file:

• Appearance (Divorce): document that notifies the judge that the responding spouse wants to participate in the divorce case. It ensures that the responding spouse will get notifications from the court.
• Answer or Response: document that responds to the Petition for Dissolution of Marriage and tells the judge if the responding spouse agrees or disagrees.
• Counterpetition: document that the responding spouse can file containing their own allegations and requests. Should the filing spouse stop participating in the case or dismiss their own divorce, the case will continue if a counterpetition has been filed. Once the responding spouse files a counterpetition, they can be referred to as a “respondent” and as a “counterpetitioner.” The filing spouse can be referred to as a “petitioner” or a “counterrespondent.”

A responding spouse can file some or all of these forms with the court. 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.

When served with the divorce papers, the responding spouse typically has 30 days from the date of service to file an Appearance (Divorce) and an Answer or Response. If the responding spouse does not meet this deadline, the judge may give the filing spouse a divorce “by default,” and allow the case to proceed without the responding spouse. This means the judge can grant the filing spouse everything they requested in the Petition for Dissolution of Marriage, including how they want to divide property and debt. It is important for the responding spouse to meet the deadline if they want to participate and provide input to the judge in the divorce.

If the 30 days have passed but the divorce is not finalized, the responding spouse can still file an Appearance (Divorce) and Answer or Response to prevent a divorce by default and participate in the case. 

If the 30 days have passed and the divorce has been finalized as a divorce by default, the responding spouse can talk to a lawyer about options that may be available in a short period of time after the order is signed. There is a way to ask the judge to vacate the default judgment if filed within 30 days of the date on the default judgment. Otherwise, it will be harder to get the default judgment dismissed.

When a responding spouse files documents like the Appearance (Divorce), Answer or Response, or counterpetition, the circuit clerk can charge a fee. This cost also varies from county to county and can be found on the clerk’s website or by calling the clerk. If the responding spouse cannot afford the filing fee, they may apply for a fee waiver. 

If the responding spouse has not been officially served with process, then there is no deadline to file an Appearance (Divorce) or Answer or Response. The responding spouse may opt to file these forms on their own after the filing spouse has filed the Petition for Dissolution of Marriage. If so, the filing spouse would not be required to serve the responding spouse with the divorce papers.

Yes. While the main divorce case is pending, one of the spouses can ask the judge for a temporary order to remain in effect until the final order is signed. The temporary order can address issues in the meantime, such as spousal maintenance (alimony) and payment of bills.

Learn more about standing orders and temporary orders.

Spouses in a divorce can learn more about the process in Illinois, as well as get forms by looking at:

• Starting a response to a divorce case
• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 - 802.
• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/452 (joint simplified divorces)
• The Illinois Courts’ Divorce, Child Support, and Maintenance statewide information and forms
• Illinois State Bar Association’s Your Guide to Getting a Divorce in Illinois 
• Illinois counties’ information on divorce, including Cook, Kendall, Lake, DuPage, and Will counties.

Also, learn more about:

• Filing for divorce
• Filing for divorce with children
• Filing for divorce without children

For simpler, less complicated cases, a lawyer may not be necessary. For instance, spouses who agree to the divorce and all the terms and who do not have children or property may be able to complete the joint simplified divorce process on their own.

However, a lawyer is recommended in situations where:

• The divorce is contested: the spouses cannot come to an agreement on major issues involving children, 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.