You need to know the following:

• The date you were married and 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 diligent attempts to locate your spouse but could not find them, 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, 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. Make 3 copies of each form.

• [no-lexicon]Petition for Dissolution of Marriage: A document asking the judge to break up the marriage. 
• Allocation of Parental Responsibilities Order: A document explaining the responsibilities of each parent. 
• Uniform Order for Support: A document asking for financial support from the other spouse. 
• Notice to Withhold Income For Child Support: A document asking money to be withheld from the other spouse's paycheck to pay for support. [/no-lexicon]

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 theirs fees on their website. If you qualify, you can get a fee waiver, which allows you to file for free or at a reduced cost.

A divorce petition must include all of the following:

• Age, job, and home address of both spouses,
• How long each spouse has lived in Illinois,
• Date and place of marriage,
• Initials, ages, and addresses of each child of the marriage (Some counties, like Cook County, require full names of children),
• Whether one of the spouses is pregnant,
• Any arrangements for child support, parental responsibilities, and maintenance (spousal support),
• Completion of Parenting Class Certificate (one for each parent),
• What the spouse wants the judge to decide, and
• Completed financial affidavit and supporting documents.

There are some things you should not put in a divorce petition, like:

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

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. 

Do this at the circuit courthouse in the county where you live. You can file your documents online by e-filing, or you can file in person if you qualify for an exemption from the e-filing mandate. 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. Your case does not begin until your paperwork is properly filed with the clerk’s office.

Once you have filed, you need to place the case for service, or your spouse needs to voluntarily file an appearance. If you're in Cook county, this step can be completed electronically or in person. At the Daley Center, this can be done in Room 801 for a $60.00 fee.

If you place the case for service electronically, you will need to e-file the summons. Then, you need to submit it and the Petition for Dissolution to the sheriff's online civil process website and pay the fee. Send your spouse a Summons and Petition for Dissolution of Marriage through the sheriff's office. A Summons is a document that tells a person about the lawsuit and when to come to court. Here are the rules to know about a Summons:

• You may send the Summons to the sheriff to serve. Or, if you don’t know where your spouse is, you can notify your spouse by asking the judge to allow you to publish a notice of the divorce in a newspaper.
• There is usually a cost to having a Summons served. The cost depends on how the summons is served to the other party, and
• If you do not give your spouse a Summons within the required time, the petition may be dismissed because there was not proper notice of the petition being filed.

After they are notified, your spouse can file an Answer and an Appearance if they choose. If they file these forms, they should send a copy to you.

If you are trying to notify your spouse by publication, they have until the date listed on the Notice of Publication to file their response to the divorce. If they do not file a response in time, they can be held in default, and the case will move forward without them.

Learn more about how to serve a Summons here.

If your spouse doesn’t file a response within 30 days after being notified, you should ask for a hearing date. If the sheriff cannot serve your spouse, you can ask the judge to allow you to publish notice to them. If you're in Cook county, one option for publication may be to place your notice with the Law Bulletin. This can be done at the Daley Center in Room 802. There is a $235 fee.

Depending on the county where you filed for divorce, you will need to contact either the circuit clerk or the coordinator of the judge to request the hearing. If your spouse signed an Entry of Appearance, Waiver, and Consent form waiving service, you do not need to wait the 30 days before asking for a hearing. 

To prepare for the hearing, you will need to prepare the Judgment of Dissolution of Marriage form. You will also need the following forms:

• Allocation of Parental Responsibilities Order ,
• [no-lexicon]Uniform Order for Support[/no-lexicon] (talk to your circuit clerk to get this form),
• Notice to Withhold Income For Child Support, and
• Completion of Parenting Class Certificate (talk to your circuit clerk to get this form).

You should also bring all of the other documents you filed when you started the divorce and any papers or documents that you used to help you fill those out. These may include:

• Pay stubs,
• Bank account information, or
• Tax returns.

When you are getting ready to go to court, you should keep in mind that most people who work in the courthouse cannot give you legal advice. This means they cannot strategize with you, evaluate your likelihood of success, or present your argument to the judge. Some, but not all, court personnel can provide legal information. This means they can tell you what you can do but not what you should do. Others can only answer questions about court procedures.

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. 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. 

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers, like:

• Petitioner's name,
• Respondent's name,
• Case number,
• Judicial circuit,
• County, and
• Division.

If you are filing the case, you are the petitioner. If a case has been filed against you, you are the respondent.

Bring these items with you to court:

• Copies of all the documents you filed with the circuit clerk, 
• Any witnesses you want to testify, 
• Any documents you want the judge to look at, and 
• A photo ID.

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, make sure you are logged 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.
• 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.
• 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 the issue you would like to address before leaving the courthouse. 
• After listening to you and the other side, the judge will tell you what happens next.
• You should get a copy of whatever order is entered 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. The judge's staff may also draft the order. Make sure the court has your email address so that you can be sent an electronic copy of your order once it is entered.
   

After you have testified, you should present the Judgment of Dissolution of Marriage, the Uniform Order for Support (if applicable), and the Allocation of Parental Responsibilities to the judge for their signature. If the judge wants corrections made, submit a corrected form by the method requested by the judge.

If this is your first time going to court, learn more about the process of Going to court in Illinois here.

After the judge has signed the Judgment of Dissolution of Marriage, the Uniform Order for Support, and the Allocation of Parental Responsibilities, ask the judge whether they will enter those orders. You may need to file them yourself.  If you need to file them, file the Judgment and Order with the clerk and send a file-stamped copy of the Judgment and other forms to your spouse.

Mail a copy of the Judgment and other orders to your spouse if:

• They didn’t come to court for the hearing, or
• If the judge doesn’t sign the Judgment on the day of the hearing.

If you know where your ex-spouse works, you must do all of these things:

• Send the Notice to Withhold Income to your ex-spouse’s employer,
• Send your ex-spouse a copy of the Uniform Order for Support by certified mail. When you mail it, you will get a green receipt card. Attach this to the Affidavit of Service of Uniform Order for Support and then file the Affidavit with the court,
• File their Certificate of Mailing with the clerk,
• Get a file-stamped copy of that Certificate, and
• Send a copy of the Notice to Withhold Income to these two government agencies:

State Disbursement Unit
P.O. Box 5400
Carol Stream, IL 60197-5400

Division of Child Support Enforcement
Mail Response Unit
P.O. Box 19405  
Springfield, IL 62794-9405

To prove that you have done this, file a Certificate of Mailing with the clerk. As with all documents that are filed in court, be sure to keep file-stamped copies of these documents for yourself.