Illinois Divorce - Step by Step

1. File Petition
This gets you started, if you do not have a case number yet.
File Illinois Divorce Petition
2. Serve your Spouse and File Proof of Service
Option #2 - If your spouse is NOT WILLING to sign the documents:
  1. Staple the Summons to the front of the copy of the Petition that will go to your spouse.
  2. Get the name, address, and telephone number of the Sheriff for the county and the state where your spouse lives. If you do not know the number, do a search over the internet.
  3. Call the Sheriff in that county to find out the following and do the needful:
    • The address where you should bring or mail your Summons and Petition. If you are going to mail the summons and petition, include the Letter to the Sheriff and include Include a self-addressed and stamped envelope for the Sheriff to mail the Return of Service to you.
    • The number of copies of your Summons and Petition to bring or send; AND
    • The cost of Sheriff's fees for service and if they will honor your Order for Waiver of Court Fees (if you have one).
    • Anything else you need to do to get the Summons and Petition served on your spouse.

After the Sheriff serves your spouse with your Petition, they will fill out the Return of Service section of your Summons form which needs to be filed to the court.

How to File: Once done, submit it to the court FREE of charge. However, if you want us to file it, scan (should be very clear) and email them to efile@1efile.com after making a standard e-Filing fee payment by going to Payment Page and we will fix the document, make it text searchable, and file the document.
3. Schedule a court date
If Cook County:
  1. Request Hearing - WARNING! It is very important that you read this document to understand what you need to bring to the hearing or else your hearing will be postponded.
  2. Notice of Court Date for Motion
If Other Counties:
  1. Motion
  2. Notice of Court Date for Motion
How to File: Once done, submit it to the court FREE of charge. However, if you want us to file it, scan (should be very clear) and email them to efile@1efile.com after making a standard e-Filing fee payment by going to Payment Page and we will fix the document, make it text searchable, and file the document.
4. Complete additional documents and meet other requirements

You necessarily do not need to eFile any of the documents from below unless if you want to. Complete them and take it to the court when you go to finalize the divorce (Step #6).

IF YOU DO NOT HAVE CHILDREN
  1. Judgment - Used by the judge to grant deny your divorce. If granted, the Judgment will also divide property, assign debt, and determine whether maintenance will be paid.
  2. Marital Settlement Ageement - Some courts need this in addition to the judgement.
  3. Certificate of Dissolution of Marriage - Lists information about your case that is sent to the Illinois Department of Public Health after your divorce is final.

Following might not apply to you. Complete if applicable:

  1. Non-Marital Assets - Assets that you believe solely belongs to you or your spouse.
  2. Additional Debts and Liabilities - If you have more debts than what is listed in the Judgment.
  3. Additional Property and bank accounts - If you have more property than what is listed in the Judgment.
IF YOU HAVE CHILDREN
  1. Parenting Plan - A Parenting Plan contains information about who will make decisions for the children and a schedule for when the children are with each parent. You must file it within 120 days of the date you file your Petition.
  2. Order of Support
  3. Judgment - Used by the judge to grant deny your divorce. If granted, the Judgment will also divide property, assign debt, and determine whether maintenance will be paid.
  4. Marital Settlement Agreement - Some courts need this in addition to the judgment.
  5. Certification of Agreement - Used IF you and your spouse have agreed on what will be in the Judgment and Parenting Plan.
  6. Certificate of Dissolution of Marriage - lists information about your case that is sent to the Illinois Department of Public Health after your divorce is final.

If only applicable, complete the following:

  1. Non-Marital Assets - Assets that you believe solely belongs to you or your spouse.
  2. Additional Debts and Liabilities - If you have more debts than what is listed in the Judgment.
  3. Additional Property and Bank Accounts - If you have more property than what is listed in the Judgment.
  4. Additional Parenting Plan - If you have a need to add to the choices made in Section 5 of the Parenting Plan, parenting time.
5. Go to your court date

Bring these items with you to court:

  1. Copies of all the documents you filed with the Circuit Clerk; AND
  2. Copies of the Judgment of Dissolution of Marriage/Civil Union, Parenting Plan, and Order for Support (if needed).
  3. Get to the courthouse at least 30 minutes early.
  4. Go to the courtroom number listed on your court form.
  5. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the Circuit Clerk.
6. Finalize divorce

If your spouse was not in court to get a copy, you must send them a copy by 5:00 p.m. on the date you get the Judgment. Send a copy of the Judgment to your spouse either by hand or by mail and file a Proof of Delivery with the Circuit Clerk.