How can I start the divorce process in Illinois?
Walter Jackowiec III
Illinois managing attorney at Marble Law
Key Takeaways
- You start the divorce process in Illinois by filling out and filing the appropriate paperwork in the county where you or your spouse reside.
- Next, you must serve the divorce papers on your spouse. If your spouse agrees, they can meet with you so you can hand them the summons. Otherwise, you may hire a sheriff or a process server to do this.
- The third step is either a hearing (if you have an uncontested divorce) or a trial (if you have a contested divorce).
Starting a divorce in Illinois is generally a personal decision that is made after discussing your facts with a divorce attorney/firm.
Once you have picked the attorney/firm you want, they will prepare a petition for dissolution of marriage that you will sign and this will be filed in the county the parties reside in and a Summons will be served on the other party.
Sometimes the party filing will ask the attorney to mail the papers to the other party and let them file an Appearance and Response or send the documents to the other party’s attorney.
As outlined below, the steps to file for divorce in Illinois differ slightly depending on if the divorce is uncontested or contested. Steps 1 and 2 are the same for both types of divorce.
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File the paperwork
The couple must agree to separate and file paperwork that states they have irreconcilable differences. To do so, you need to fill out several forms, including a petition for dissolution of marriage, a financial affidavit, a parenting plan (if children are involved) and a marital settlement agreement.
File the complete documents with the county’s clerk of courts. You may be able to file in person or by mail, depending on your county’s requirements
Serve your spouse
Then you must serve your spouse with a complaint for dissolution of marriage and a summons. There are several options for doing this:
- Physical appearance: If your spouse agrees, they can meet with you so you can hand them the summons.
- Primary server: Your attorney can secure the service of a county sheriff to serve the defendant with divorce papers. Or you may be able to use any Illinois citizen over the age of 18 who’s assigned to the defendant by a court. The chosen server should present the summons at the home of the defendant either to the defendant, a family member or another resident (who must be at least 13 years old).
- Publication of service of process: If your spouse can’t be found and you’ve made a good-faith effort to locate them, it’s possible to file an action by service by publication. Note that court approval is needed for this.
Hearing or trial
For an uncontested divorce to be finalized, the spouse who filed for the divorce must appear at the final hearing. The other spouse isn’t required to attend as long as they signed all the necessary documents. The judge at the hearing will then issue a final judgment of dissolution of marriage.
If, however, you’re filing for a contested divorce in Illinois, whereby you and your spouse are unable to reach an agreement on the terms of the divorce, the court will hold a trial to determine the issues in dispute.
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