If a person wants to end a marriage, they can file for divorce even if your spouse is in jail or in prison. You will have to serve your spouse with all of the court papers, just as you would if they were not in jail or in prison. Note: Usually, a judge will not order a spouse who is in jail or in prison to pay child support until they get out.

You need to include your spouse’s inmate number on the paperwork. To get your spouse's inmate number, look up your spouse on the website for the Department of Corrections for your county or on the website for the Illinois Department of Corrections (DOC). Use the DOC inmate locator to make sure that the spouse is being held there. Get the inmate number for the spouse and write it down. Once the papers are delivered to your spouse, they will give you a Return of Service form as proof that your spouse was notified. Once the spouse is served, the sheriff will send you a paper that shows that your spouse was given the paperwork. You should file that letter with the clerk of the court to prove that your spouse was served in another county.

Ask the sheriff of the county to serve the divorce papers. To do this:

• Find out the name of the county where your spouse is being held;
• Find out the phone number for the sheriff’s office for that county;
• Call the sheriff’s office. Ask to speak to the civil process department;
• Ask the civil process person how much it will cost to serve divorce papers on the spouse at the jail or prison. Also, ask:
  • Exactly which papers need to be sent
  • Where to send them
• Afterward, the process continues as a normal divorce
• Just as with a normal divorce, you will need to send your spouse copies of anything you file by mail.

What to do next?
Steps for finishing a divorce