To start the filing process, one (1) spouse will need to fill out a Petition for Dissolution of Marriage/Civil Union (without children) or Petition for Dissolution of Marriage/Civil Union (with children) with the circuit court in their county. The petition can be filed in person or electronically using one of the court-approved e-filing service providers. A filing fee will be charged upon submission, the amount of which will vary depending on the court. If the filer cannot afford the fee, they can ask the court to reduce the filing costs or waive the fee altogether (see fee waiver instructions).

If the spouses are the parents of a minor child, they will need to attend an educational program to develop parenting skills and prepare them for issues commonly experienced by children during a divorce case. The parents should contact a clerk of the circuit court for information about attending this program. Additionally, the court may ask the parents to complete a Parenting Plan to establish their day-to-day parental responsibilities and decision-making rights.

Supplementary forms may be required to further describe the couple’s assets, property, children, parental responsibilities, and debts. These documents are as follows:

• Non-Marital Real Estate (DV-RE 112.2)
• Additional Debts & Liabilities (DV-AD 109.3)
• Additional Personal Property & Bank Accounts (DV-AP 110.3)
• Additional Minor Children (DV-AM 123.2)
• Additional Adult Children (DV-AA 124.1)
• Additional Other Children (DV-AO 125.2)
• Additional Parenting Time (DV-APT 134.2)

Any additional forms completed by the filer must be submitted to the court where the divorce case was filed.

The spouse filing for divorce will need to inform the other spouse that the divorce case has been filed. There are two (2) ways to provide notice in Illinois:

• Entry of Appearance
  • Personally notify the other spouse and ask them to file an Entry of Appearance with the court. This document tells the court that the spouse has been notified and that they are prepared to proceed with the divorce case.

• Summons
  • The filer must provide two (2) copies of both the Summons and divorce petition to the sheriff’s office in the county where the other spouse lives. The filer must then submit a Letter to the Sheriff to formally request service of the documents. After the filer pays a small fee, the sheriff will serve the other spouse with the divorce documents. Following service, the sheriff will complete the Return of Service section of the Summons and then file it with the circuit court or mail it back to the filer. If returned to the filer, they must make a copy and file the original Summons with the circuit court.

After the other spouse has been notified of the pending divorce case, they will have thirty (30) days to file an Answer/Response to Complaint/Petition. This form allows the other spouse to state whether they agree with or deny the claims made in the divorce petition. Should additional space be required in the answer form, the other spouse may use the Additional Paragraphs for Answer/Response to Complaint/Petition. Once complete, the documents must be filed with the circuit court, and copies must be delivered to the spouse who filed for divorce. A hearing date will be scheduled after the court receives the answer form.

Next, the parties will need to outline the terms of their divorce in a Marital Settlement Agreement. This legally binding contract explains how the couple’s assets will be divided and how child care responsibilities will be handled once the marriage ends. The couple must also prepare a Judgment of Dissolution of Marriage (with children) or Judgment of Dissolution of Marriage/Civil Union (without children). If a spouse intends to request child support, the spouse seeking support must also bring an Order for Support to the court hearing. Lastly, parents will need to sign a Certification Agreement in front of a notary public to indicate their compliance with the documents that will be presented to the judge.

The parties must appear in court on the date scheduled by the circuit clerk. They must bring copies of all documents used thus far and any original forms not yet filed. A judge will review the case details and the terms set forth in the settlement agreement. If the judge determines that the settlement agreement is fair, they will sign the Judgment to approve the divorce, thus ending the marriage. The parties should request copies of the Judgement along with the Parenting Plan and Order for Support (if applicable).

If a spouse was granted permission to revert to their former name after divorce, they must ask a circuit clerk to issue a Certificate of Dissolution of Marriage (there will likely be a fee for this). The spouse can use the certificate as proof of the name change when updating their personal details with the Secretary of State and Social Security Administration.