Case Management Conference in a Cook County Divorce

Why the court sets a case management conference

A divorce can involve property, debts, support and children all at once. A case management conference gives the judge a structured way to see where the case stands and set a plan for finishing it. For many people, it is the first court date in a Cook County divorce where the judge reviews the whole case after the petition is filed and served. Here is what happens at a case management conference and how to prepare.

Illinois Supreme Court Rule 218 requires an initial case management conference within 35 days after the parties are "at issue" (meaning the response is on file), and in no event more than 182 days after the case was filed, unless an approved local rule says otherwise. When a case involves the allocation of parental responsibilities, Rule 923 sets a shorter deadline: the initial conference must be held no later than 90 days after service of the petition. Cook County's local Rule 13.4(i) says Domestic Relations case management conferences follow Supreme Court Rules 218, 904 and 923, so a case management conference in an Illinois divorce works much the same way across the state, with local details added.

Under Rule 218, the court looks at the nature and complexity of the issues, ways to simplify them, limits and deadlines for discovery, witness disclosures, the chance of settlement, alternative dispute resolution and when the case should be ready for trial. In Cook County, the preliminary judge on a team calendar, or the individual calendar judge, monitors this progress.

Separately, the Clerk sends notice of an automatic status call, and every Cook County Domestic Relations case must be called for status within six months after filing. If the petitioner does not answer the status call, the case can be dismissed for want of prosecution.

What you must exchange before the date

Showing up prepared matters. In Cook County, these items are usually due before or around the first conference:

• Financial Affidavit. Under Cook County Rule 13.3.1, when a divorce involves dividing the marital estate, maintenance, child support, educational expenses or attorney fees, each party must serve a completed Financial Affidavit on the court-approved form. The petitioner serves it within 30 days after serving the petition, and the respondent within 30 days after filing an appearance, or in either case at least seven business days before a hearing if that comes first. You serve it on the other side and file only a Certificate of Service, unless the court orders otherwise. Our guide on how to fill out an Illinois Financial Affidavit explains each section.
• Proof of income. Cook County Rule 13.3.2 requires the last two years of filed federal and state tax returns, the most recent pay stub showing year-to-date earnings (or the five most recent stubs) and records of other year-to-date income.
• Parenting plan. If you and the other parent agree, bring an agreed allocation order and parenting plan. If you do not agree, Rule 923 requires each parent to submit a proposed parenting plan within 120 days after service or filing of the petition for allocation of parental responsibilities.
• Parenting class certificate. If you already finished the parenting education program, file the certificate. Cook County requires it to be filed within 30 days after completion.

Failing to serve the Financial Affidavit on time can lead to sanctions, including those available under Supreme Court Rule 219, and the local rule says a responding party who has not complied cannot use that as a reason for a continuance.

Issues the judge addresses

Parenting education and mediation

Rule 923 says that at the initial conference parents must show proof that they completed an approved parenting education program, give a fixed schedule for completing it, or show cause to be excused. Rule 924 requires completion no later than 60 days after the initial case management conference. In Cook County, the court's program is Focus on Children; see our guide to the parenting class for divorce in Cook County.

If the parents do not agree on decision-making or a parenting plan, Rule 923 directs the court to schedule mediation. Cook County treats mediation as mandatory for initial allocation of parental responsibilities, and mediation with Family Court Services is free when ordered by the court. Parents referred to mediation must complete Focus on Children before the first mediation date. Learn more in our article on whether mediation is mandatory in an Illinois divorce.

Discovery schedule

Discovery is the exchange of financial records, written questions and depositions. At the conference, the judge can set limits on discovery and deadlines for disclosing witnesses and finishing discovery. Rule 218 calls for discovery to be completed no later than 60 days before the expected trial date unless the parties agree otherwise. In Cook County, you must serve your Financial Affidavit before you start formal discovery, and once discovery closes, more discovery is allowed only in extraordinary circumstances. See our pages on discovery in divorce and the motion to compel discovery.

Guardian ad litem

When mediation ends without a full agreement, Rule 923 requires a full case management conference no later than 30 days after mediation is completed. At that conference, if no one has been appointed yet, the court addresses whether to appoint an attorney for the child, a guardian ad litem or a child representative under 750 ILCS 5/506. A guardian ad litem investigates and makes recommendations to the court. The court decides who pays these fees, which may be either or both parents. Our article on the role of a guardian ad litem explains more.

The case management order

In Cook County Domestic Relations cases, the case management order is the roadmap for the rest of the case. At the end of the conference, Rule 218 requires the judge to enter an order that recites what the court did, the agreements the parties made and the issues left for trial. That order controls the rest of the case unless the judge changes it. It also sets the next court date and states whether the parties appear in person or remotely.

Read the order the same day. Put every deadline on a calendar: Financial Affidavit updates, parenting class, mediation, discovery cutoffs and the next court date. Supreme Court Rule 219 allows sanctions for refusing to comply with discovery rules or pretrial orders, so treat these dates as firm.

What happens next

After the first conference, a typical Cook County divorce moves through some or all of these steps:

1. Parenting class and mediation, if children are involved.
2. A full case management conference within 30 days after mediation, if mediation did not settle everything.
3. Temporary motions, if needed, such as a motion for temporary relief for support or parenting time while the case is pending.
4. Discovery under the schedule in the case management order.
5. A pretrial settlement conference, where each side delivers a Uniform Pre-Trial Memorandum at least seven days before the conference under Cook County Rule 13.4(j).
6. Either an agreed judgment presented at a short prove-up hearing, or a trial. See what happens at a divorce trial in Illinois.

For cases involving children, Rule 922 says allocation proceedings should be resolved within 18 months from service to final order, and the judge must make written findings if that does not happen. Our page on the stages of divorce in Illinois gives a broader view of timing.

Common mistakes

• Not appearing. A missed date can lead to dismissal or to orders entered without your input. A phone call to the courtroom does not excuse an absence.
• Arriving without disclosures. Missing the Financial Affidavit or proof of income can bring sanctions.
• Waiting on the parenting class. Register early so you can show proof or a firm date.
• Agreeing to deadlines you cannot meet. Ask for realistic dates before the order is entered.
• Expecting a ruling on support or custody. The conference is mainly about scheduling. Temporary relief usually needs its own motion.

How Chicago Family Attorneys can help

Chicago Family Attorneys represents people in Cook County Domestic Relations cases, as well as in DuPage, Will and Lake Counties. The firm can:

• Prepare your Financial Affidavit, proof of income disclosures and Certificate of Service.
• Draft a proposed parenting plan and review an agreed order before you sign it.
• Appear with you at the case management conference under a limited scope arrangement.
• Represent you through the whole case as your Chicago divorce attorney.

Limited scope drafting starts at $500, and one hearing appearance starts at $1,200. Full representation in a contested divorce is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. See contested divorce costs for details. Fees are confirmed in writing before you engage the firm, and no outcome can be promised.

For an overview of each stage, see our guide to the Illinois family law case process, our Cook County Domestic Relations Division guide and the Cook County Domestic Relations Zoom links.