Divorce 

Dissolution of Marriage Basic Steps

Verify Requirements: One or both spouses must have been an Illinois resident for at least 90 days before the final judgment. Typically the case is commenced in the county where the parties reside. Grounds for divorce in Illinois are limited to "irreconcilable differences".

Prepare Documentation: Obtain necessary forms (Petition for Dissolution of Marriage, Summons) from the Illinois Courts website. If minor children are involved, a Parenting Plan is required. Your attorney will prepare these based upon the facts of your personal scenario.

File the Petition: File the forms with the Circuit Court Clerk in the county where you or your spouse live. Circuit Court Clerk Filing fees apply and vary by county.

Serve the Spouse: The respondent (the other spouse) must be officially served with a copy of the petition and a summons. This process is not satisfied by one spouse giving the papers to the other. Formal service is required unless the other spouse files a waiver of service with circuit clerk. 

Response: The respondent has 30 days to file a response to the petition.

Negotiation/Settlement: The parties attempt to reach an agreement on property, debt, maintenance, and child-related issues.

Discovery - Each party is permitted to seek information from the other in the form of questions to answer (Rule 213) and/or documents to produce(Rule 214) such as the Illinois Supreme Court Financial Affidavit. 

Contested: If agreement cannot be reached, the case proceeds to litigation and potentially a trial.

Uncontested: If no disagreements exist, a settlement is signed, and a simple "prove-up" hearing is scheduled.