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, 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 when you go to court. Make 3 copies of each form.

• [no-lexicon]How to Get a Divorce (No Children),
• Petition for Dissolution of Marriage/Civil Union (Divorce No Children),
• The judgment of Dissolution of Marriage/Civil Union (Divorce No Children),
• Marital Real Estate Attachment,
• Certificate of Dissolution of Marriage, Invalidity or Legal Separation,
• Summons - Petition for Dissolution of Marriage/Civil Union,
• The entry of Appearance (Petition for Dissolution of Marriage/Civil Union),
• Non-Marital Real Estate,
• Additional Debts and Liabilities (Divorce No Children), and
• Additional Personal Property or Bank Accounts (Divorce No Children)[/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. A fee waiver allows you to file for free, or at a reduced cost.

A divorce petition must include several things:

• Age, job, and home address of both spouses,
• How long each has lived in Illinois,
• Date and place of marriage, and
• What they want the judge to decide.

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

• Anyone’s date of birth,
• Anyone’s social security number,
• Anyone’s individual tax identification number,
• A bank account or credit card number, and
• Any driver’s license number.

Do this 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. But if you both live in the same county, file in that county. You can file your documents online via e-filing. Or, you can file in person if you qualify for an exemption from the e-filing mandate.

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.

When you file papers, you have to send a copy of what you filed to the other spouse. The clerk’s office will not automatically give a copy of what you filed to the other spouse or the judge. Therefore, if the filing is very detailed, you may want to give the judge a copy before your hearing date. This is known as a “courtesy copy.” It must be clear that the document has been filed and sent to the other person. You need to send your spouse a Summons and attach the Petition for Dissolution of Marriage. 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. Or, if you don’t know where your spouse is, you can notify them by asking the court 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 divorce may be dismissed because of improper notice of the filing.

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 30 days after being notified, you should ask for a hearing date. Depending on the county where you filed for divorce, you will need to contact either the circuit clerk or the coordinator of the judge. They usually request the hearing. Once you have filed, you will need to place the case for service. Or, your spouse will need to voluntarily file an appearance. 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. This waives the service.

To prepare for the hearing, you will need to prepare the Judgment of Dissolution of Marriage form. You may also need to prepare other forms. Check the judge’s standing order (sometimes posted online) or ask the judge what forms you need to prepare in your county before the divorce hearing.

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.

Bring at least three copies of the Judgment of Dissolution of Marriage to the hearing. You should also bring all the other documents you filed when you started the divorce. You should also bring any papers or documents that you used to help you fill them out, like:

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

Focus the conversation on the issue you’d like to address. Also, be specific about the issue you would like to address before leaving the courthouse. This helps the process move forward. 

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 a 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, 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,
• 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, and  
• 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 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 to the judge for their signature.

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, file the Judgment and Order with the clerk. Also, send a file-stamped copy of the Judgment and other orders to your spouse. 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, make sure you give the judge’s staff your email address. This is so you get copies of the Judgment and Order electronically.