Most lawsuits are filed in state courts. In Illinois, state courts are called Circuit Courts. Each county in Illinois has a Circuit Court. Depending on the type of case you wish to file, there may be specific rules on where to bring your lawsuit.

This article goes over some general guidelines for where to file a lawsuit. However, this decision can be complex. Filing in the wrong court could be costly and time-consuming. Talk to a lawyer first about where to file your case.

Generally

Normally you have two options for where you should bring your case. The first is the circuit court of the county where the events that led to the lawsuit happened. The second is the circuit court of the county where the defendant lives.

If there is already a lawsuit between the parties, you should file your documents in the same court as that lawsuit.

Family issues

Divorce

If you wish to file for divorce and have no kids, you can file either in the county where you live or where your spouse lives. If kids are involved, see “Custody” below.

[no-lexicon]Parental responsibilities (custody)[/no-lexicon]

To file in Illinois, the child must have:

• Lived in the state for the last 6 months, or
• Lived in the state for at least 6 months and moved to another state within the last 6 months.

When seeking a parental responsibilities order, you should file:

• Where the child has lived for the last 6 months, or
• Where the child has lived in the state for at least 6 months and moved to another state within the last 6 months.

When seeking a modification in parenting time, you should file in the state where the order was entered.

[no-lexicon]Child support[/no-lexicon]

To start a child support case you can file with the Illinois Department of Healthcare and Family Services (HFS) Division of Child of Child Support Services. HFS will hire a lawyer to represent the State of Illinois in getting child support for your child. You can also request child support as part of a divorce or other dissolution proceeding. You can also seek child support as a stand-alone case filed in the county where either parent lives.

[no-lexicon]Landlord/tenant[/no-lexicon]

Cases between landlords and tenants should usually be filed in the county of the defendant or in the county where the property is located.

Money and debt

Bankruptcy

Bankruptcy cases should be filed in the bankruptcy court nearest to where you live. You can find the nearest bankruptcy court by searching by court type.

Small claims (less than $10,000)

When suing someone for less than $10,000, you should file in the court of the county where you live, or the court of the county where the defendant lives.

Employment discrimination

When filing a case for employment discrimination, you have a few options on where to file. You can file with the:

• Equal Employment Opportunity Commission (EEOC),
• Illinois Department of Human Rights (IDHR),
• Cook County Commission on Human Rights (CCCHR), or
• Chicago Commission on Human Relations (CCHR).

If your company is part of the federal government, or you are filing a federal complaint, you must file with the EEOC. Your employer must be within Cook County to file with CCCHR and must be within Chicago to file with CCHR. 

Learn more about where to report workplace discrimination.

Public benefits

If you wish to challenge a decision for some form of government benefits, you should file with the agency that made the decision. For example, to challenge an unemployment benefits decision, you should file an appeal with the Illinois Department of Employment Security (IDES). To challenge a food benefits program decision, you should file your appeal with the Department of Human Services (DHS). To challenge a Social Security benefits or Supplemental Security Income decision, you should file your appeal with the Social Security Administration.

Criminal records

To seal or expunge a criminal record, you must file your application in the court of the county where you were arrested, charged, or convicted. If you have arrests or charges in multiple counties you wish to seal or expunge, you need to file an application in each county you were arrested, charged, or convicted. Only include the arrests, charges, and convictions that occurred in that county on the application.

Domestic violence

If you are seeking a protective order against someone, such as an Order of Protection, Stalking No Contact Order, or Civil No Contact Order, you can file:

• In the county where you reside,
• In the county where the person you are seeking to get an order against resides, or
• In the county where any of the behavior leading to the order occurred. 

If there is an ongoing criminal case related to the matter, you can ask the State's Attorney in that case to file for a protective order along with that case.