Few important points before you proceed
- You are going through "self-divorce" and divorce is a process so please read the instructions carefully and follow each step as nothing happens automatically.
- Most courts will not contact you for the court date or for anything so you have to be on top of the process.
- If for any reason you want to update the petition, we need to file an amendment. In such a case, login and make necessay changes and make a payment for filing amendment by going to Payment Page
- The uncontested divorce has the following steps but depending on the county that you are filing into there could be additional steps. There are 102 counties in Illinois and local rules vary from county to county and they change from time to time. It is a great idea, after reading this document, to call the district clerk's office where your petition is filed to understand and verify the remaining steps as there could be rule changes or additional county requirements.
Step #1 - File divorce petition to the court and get it approved
Done - Creating Petition and related documents
Done - Creating eFiling account
Done - Submitting to the court and getting documents approved and getting a case number
Step #2 - Serve your spouse & File proof of service ASAP
There are multiple ways of giving Legal notice to your spouse (see options below).
Option #1 - If your spouse is WILLING to sign
documents
Give your spouse Entry of Appearance (see link below) and the approved petition (from step 1) and have your spouse complete the Answer
Appearance - Important: Court charges $250 for accepting the Appearance. If your spouse cannot afford this fee, have your spouse complete Fee Waiver Application
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.
Option #2 - If your spouse is NOT WILLING to sign the
documents
- Staple the Summons to the front of the copy of the Petition that will go to your spouse.
- 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.
- 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 ( download ) 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.
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.
Step #3 - Schedule a court date
If Cook County
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
Notice of court date for Motion
If Other CountiesNotice 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.
Step #4 - Complete additional documents & 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
Judgment ( download)- 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.Marital Settlement Ageement( download)- Some courts need this in addition to the judgement
Certificate of Dissolution of Marriage ( download)- 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:
Non-Marital Assets ( download) -Assets that you believe solely belongs to you or your spouse
Additional Debts & Liabilities ( download)- If you have more debts than what is listed in the Judgement
Additional Property and bank accounts ( download)- If you have more property than what is listed in the Judgement
IF YOU HAVE CHILDREN
Parenting Plan ( download)- 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.
Order of Support (download)
Judgment ( download)- 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.Marital Settlement Ageement( download)- Some courts need this in addition to the judgement
Certification of Agreement ( download)- Used IF you and your spouse have agreed on what will be in the Judgment and Parenting Plan
Certificate of Dissolution of Marriage ( download)- 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:
Non-Marital Assets ( download) -Assets that you believe solely belongs to you or your spouse
Additional Debts & Liabilities ( download)- If you have more debts than what is listed in the Judgement
Additional Property and bank accounts ( download)- If you have more property than what is listed in the Judgement
Additional parenting plan ( download)- If you have a need to add to the choices made in Section 5 of the Parenting Plan, parenting time
Step #5 - Go to your court date
Bring these items with you to court:
- Copies of all the documents you filed with the Circuit Clerk; AND
- Copies of the Judgment of Dissolution of Marriage/Civil Union, Parenting Plan, and Order for Support (if needed).
- Get to the courthouse at least 30 minutes early.
- Go to the courtroom number listed on your court form.
- If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the Circuit Clerk
Step #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 (
download) with the Circuit Clerk.
