Do You Have to Go to Court for a Divorce in Illinois?

Why most divorces need a hearing

Many people hope to finish a divorce by signing papers and mailing them in. In Illinois, the answer to "do you have to go to court for a divorce?" is usually yes, at least once. A divorce, which Illinois law calls a dissolution of marriage, ends only when a judge enters a judgment. Before entering it, the court must have considered, approved, reserved or made provision for the allocation of parental responsibilities, child support, maintenance and the division of property (750 ILCS 5/401(b)).

That review happens at a hearing. The Circuit Court of Cook County's Domestic Relations FAQ describes a prove-up as the hearing where a judge typically finalizes a divorce after both spouses have agreed on all matters and on the final divorce papers. A settlement agreement must be in writing before an oral prove-up, unless the court approves otherwise for good cause (750 ILCS 5/502(a)). Its terms, other than child support and parenting terms, bind the court unless the court finds the agreement unconscionable (750 ILCS 5/502(b)).

How many times you go to court depends on the path your case takes. The sections below cover the four common paths.

Default divorces: when your spouse does not respond

If your spouse was properly served but does not file an appearance or a response, the case can go forward by default. Under 750 ILCS 5/405, the court hears the case on the petitioner's testimony in open court. The judge will not grant the divorce unless satisfied that all proper means were taken to notify the other spouse, and may order more notice if that spouse's interests require it.

In Cook County, the petitioner applies for a default and files a Certification for Default Hearing. An order of default is entered and the case is assigned to a trial judge for the hearing (Cook County Circuit Court Rule 13.5(a)(i)). In default cases, all testimony must be recorded, transcribed and filed with the Clerk (Rule 13.7(a)), so ask the courtroom staff how that is handled for your hearing.

A default starts with proper service. See how to serve divorce papers in Illinois and what happens if your spouse won't sign divorce papers.

Joint simplified dissolution

Illinois has a shorter procedure for some couples, called joint simplified dissolution (750 ILCS 5/452 and the sections that follow). Both spouses must certify that all of these conditions existed when the case was started:

• No children were born of the relationship or adopted during the marriage, and, in the statute's words, the wife, to her knowledge, is not pregnant by the husband.
• The marriage has lasted 8 years or less.
• Neither spouse depends on the other for support, or each is willing to waive support, and both waive any rights to maintenance.
• Neither spouse has an interest in real estate, or in retirement benefits unless they are held only in individual retirement accounts worth less than $10,000 combined.
• Marital property is worth less than $50,000 after debts against it, combined gross annualized income is less than $60,000, and neither spouse's gross annualized income is more than $30,000.
• The spouses have disclosed to each other all assets, debts and tax returns for every year of the marriage, and have signed written agreements that divide all assets worth more than $100, allocate debts and decide who keeps any companion animals.
• The residency and irreconcilable differences requirements of Section 401 are met.

The court still holds a hearing. Under 750 ILCS 5/453, both spouses must appear in person before the court and testify if the court directs. The judge examines the petition and the spouses and enters the judgment if the requirements are met and the agreement is not unconscionable. At the hearing, both spouses submit an affidavit that all property has been divided and all documents needed to carry out the agreement have been signed (750 ILCS 5/454). In Cook County, the joint petition, supporting affidavit, agreement and judgment are filed on forms approved by the Presiding Judge of the Domestic Relations Division (Rule 13.3(a)(iii)).

Because the statute says "in person," ask the Clerk or the courtroom staff how your judge handles joint simplified hearings before you plan to attend remotely.

Agreed divorces and the prove-up

If you do not meet every simplified condition, for example because you have children, own real estate or have retirement accounts, an agreed divorce finishes with a prove-up instead. In Cook County, an uncontested case can be heard once the spouses and their attorneys sign an Uncontested Cause Stipulation. The hearing is scheduled through the Clerk or, at the judge's discretion, directly with the judge or the judge's coordinator (Cook County Circuit Court Rule 13.5(a)(ii)). At the prove-up, the spouses give the court:

• a proposed Judgment for Dissolution of Marriage;
• the signed settlement agreement, if there is one;
• a parenting plan, when there are children; and
• an order for support, when support is ordered.

When each spouse has a lawyer or has filed an appearance without one, the court reporter and the transcript can be waived with the court's approval. If no waiver is filed, a transcript must be filed with the Clerk within 28 days (Rule 13.7(b)). The Domestic Relations Division's contact and Zoom sheet lists, for many calendars, the weekday set aside for prove-ups next to that courtroom's Zoom meeting information.

Learn more about the marital settlement agreement and how to get an uncontested divorce in Illinois. When every issue is agreed, the firm's attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included).

Contested divorces: more court dates

If you and your spouse disagree, expect several court dates before any trial. They can include status calls, case management conferences, hearings on motions such as a motion for temporary relief, and a settlement pretrial conference. When parenting issues are disputed, the court must order mediation unless it finds impediments to mediation (750 ILCS 5/602.10(c)). In Cook County, mediation is mandatory for initial allocations of parental responsibilities unless an impediment exists.

If the case goes to trial, the trial is bifurcated. Whether irreconcilable differences have caused the irretrievable breakdown of the marriage is tried first. The remaining issues follow, either right away or after the court allows time to settle, and, unless issues are reserved under Section 401(b), the judgment is entered only at the end of the case (750 ILCS 5/403(e)).

See the case management conference in a Cook County divorce, whether mediation is mandatory and what happens at a divorce trial in Illinois.

Appearing by Zoom

Illinois Supreme Court Rule 45 governs remote appearances in circuit court. Divorce cases, with or without children, are civil matters under the rule. In civil matters, you may appear by phone or video without advance approval for most court dates. You need the judge's approval to appear remotely for evidentiary hearings (except one-sided hearings such as an emergency order of protection hearing), settlement conferences and trials. Except where the rule says otherwise, a remote appearance is equivalent to an in-person appearance for all purposes, and a judge may require someone to come in person for reasons particular to the case.

Because a prove-up or default hearing involves testimony, ask the courtroom staff whether your judge requires approval to attend it remotely. In Cook County, General Administrative Order 2023-03 explains how to ask: make an oral request at a court date, or file a written motion at least two days before the court date with notice to the other side. If you are not told that the request was granted, you must appear in person.

To find the Zoom meeting ID and passcode for your case, call the Clerk of the Circuit Court of Cook County at (312) 603-5030, check the court's Remote Court Proceedings page, or see our Cook County Domestic Relations Zoom links and DuPage County courthouse and Zoom information. If you do not have a device or internet access, the court runs Remote Access Centers. Before the hearing, read how to prepare for a Zoom court hearing.

If one spouse lives out of state

To get a divorce in Illinois, one spouse must have lived in Illinois, or been stationed here as a member of the armed services, for 90 days before the case was started or before the court makes its finding (750 ILCS 5/401(a)). The rule is met by one spouse; it does not require both spouses to live in Illinois.

A spouse who lives in another state can use Rule 45 to appear remotely on dates that do not need approval, and can ask the judge for permission on dates that do. Whether that spouse needs to attend the final hearing at all depends on the type of case and the judge, so ask before you assume. Serving a spouse who lives in another state raises its own questions; see how to serve divorce papers in Illinois and how to file for divorce in Cook County.

How Chicago Family Attorneys can help

Chicago Family Attorneys handles family law only, for clients in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago. The firm can:

• Review which hearings your type of case requires and whether you can ask to attend remotely.
• Prepare the settlement agreement, parenting plan and judgment for an agreed prove-up.
• Appear with you at a single hearing under a limited scope arrangement.
• Represent you through a contested case.

Attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included). If you are handling your own agreed divorce, Self Represented Documents is $399. Limited scope drafting starts at $500, and one hearing appearance starts at $1,200. Full representation 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 uncontested divorce fees, limited scope fees and contested divorce fees. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. To talk about your case, call 312-965-5618. For more on the divorce process, see how to get a divorce in Illinois and our Chicago divorce attorneys page.