How to File for Divorce in Cook County: A Step-by-Step Guide

The short answer

Most Cook County divorces start with a petition for dissolution of marriage filed electronically with the Clerk of the Circuit Court. You receive a case number and a judge's calendar, your spouse is served, and both of you exchange financial affidavits. From there the case moves toward an agreement or, if needed, a trial. The legal content of the petition is covered in our guide to the petition for dissolution of marriage; this guide focuses on the filing steps.

Before you file: residency and the right courthouse

Under 750 ILCS 5/401(a), one spouse must have lived in Illinois, or been stationed here in the armed services, for the 90 days before the case is filed or before the court makes its finding. Illinois has one ground for divorce, irreconcilable differences, so you do not need to prove fault.

In Cook County, divorces are heard by the Domestic Relations Division of the Circuit Court. The main location is the Richard J. Daley Center, 50 W. Washington Street in Chicago, where the Clerk's Domestic Relations office is in Room 802. Under Cook County Rule 13.3(e), you may instead file at a suburban district courthouse if at least one spouse lives in that district. Since August 16, 2024, General Administrative Order 2024 D 1 has had the suburban Domestic Relations calendars in District 2 (Skokie), District 3 (Rolling Meadows), District 4 (Maywood), District 5 (Bridgeview) and District 6 (Markham) hear both divorce and parentage cases.

If neither spouse lives in Cook County, 750 ILCS 5/104 places the case in the county where either spouse lives. DuPage County cases are heard by the 18th Judicial Circuit in Wheaton, Will County cases by the 12th Judicial Circuit, and Lake County cases by the 19th Judicial Circuit, which says on its self-help pages that a divorce may be filed in the county where either spouse lives.

The forms you need

Cook County Rule 13.3(a) requires a new Domestic Relations case to be filed with:

• a petition (or praecipe) for dissolution of marriage that meets Illinois law;
• a Domestic Relations Cover Sheet;
• a Certificate of Dissolution of Marriage, as required by 750 ILCS 5/707; and
• the filing fee published by the Clerk, unless it is waived.

The Illinois Supreme Court's approved statewide divorce forms include a petition for divorce with or without children, a divorce summons, a parenting plan and a judgment, and every Illinois court must accept them. The statewide financial affidavit is on the same site. The Clerk's Domestic Relations counter in Room 802 also provides a packet of dissolution forms on request. Keep in mind that Clerk staff cannot give legal advice or help you draft the forms.

E-filing through eFileIL and the Clerk

E-filing has been mandatory for civil cases in Illinois, including divorce, since July 1, 2018. Cook County uses eFileIL, the Illinois Supreme Court's statewide system, as the Clerk's e-filing page explains.

1. Choose a filing service provider. Odyssey eFileIL is the basic statewide portal, and the courts list other approved providers.
2. Create an account and select the Circuit Court of Cook County and a new Domestic Relations case.
3. Upload your documents as PDFs and choose the filing type for each. Put your e-mail address on your filings; Supreme Court Rule 11 requires it if you have one.
4. Pay the fee online or attach your fee waiver application.
5. Save the file-stamped copies once the filing is accepted. They show your case number and calendar.

Under Supreme Court Rule 9, a self-represented person who lacks home internet access, an e-mail account, or a credit card or bank account, who has a language barrier, or who tried and could not complete e-filing can file a certification asking to be exempt. A filer whose disability prevents e-filing is exempt automatically.

Filing fees and fee waivers

Filing fees are set by the Clerk and depend on the type of filing; the spouse who responds usually pays an appearance fee. Rather than rely on a number in an article, check the current Domestic Relations fee schedule on the Clerk's site before you file.

If you cannot afford the fees, Illinois law provides full or partial waivers based on income and public benefits under 735 ILCS 5/5-105. You apply on the statewide Application for Waiver of Court Fees under Supreme Court Rule 298, and no fee may be charged to file it. In Cook County, Rule 13.3(p) adds that the applicant must appear in person to present the application, with limited exceptions, and that a fee waiver order lapses if no petition is filed within 90 days.

Service, the response and the first date

After filing, your spouse must be formally served with the summons and petition. Under Supreme Court Rule 102, the summons goes to the sheriff or another person authorized to serve process, and it may not be served later than 30 days after its date. Service is not needed if your spouse voluntarily files an appearance. Under Supreme Court Rules 101(d) and 181(a), the respondent has 30 days after service, not counting the day of service, to file an appearance and a response.

Several Cook County deadlines then begin:

• Financial affidavits. Under Rule 13.3.1, the petitioner serves a completed financial affidavit within 30 days after serving the petition, and the respondent within 30 days after filing an appearance, with proof of income under Rule 13.3.2.
• Parenting plan. With minor children, each parent must file a proposed parenting plan within 120 days under 750 ILCS 5/602.10.
• Parenting class. Rule 13.4(f) requires parents to complete Focus on Children or the court-approved online program. The online program may be completed no earlier than 60 days before the case starts and no later than 60 days after the first case management conference.
• Status call. Under Rule 13.4(h), every case is called for status within six months after filing. If the petitioner does not answer the status call, the case is dismissed for want of prosecution.

Hearings may be in person or by Zoom, as the judge directs. Each judge's page on the Circuit Court's site lists the courtroom and any standing order, and our Cook County Domestic Relations courtroom and Zoom page collects location details.

What your spouse can do after service

• Appear and respond, admitting or denying each paragraph of the petition, and file a counter-petition.
• Move the case to the Daley Center. Under Rule 13.3(f), a respondent can transfer a suburban pre-judgment case to the Daley Center by filing an appearance with the District Transfer form, generally within 30 days after service.
• Challenge jurisdiction or residency.
• Negotiate an agreement on every issue.
• Do nothing. If the respondent does not appear, the petitioner can ask for an order of default and a default hearing, where testimony is recorded and transcribed under Rule 13.7(a).

Agreed cases and the prove-up

When spouses agree on everything, the final hearing is a short prove-up. Under Rule 13.5(a)(ii), an uncontested case may be heard once the parties sign an Uncontested Cause Stipulation, and the parties bring a proposed Judgment for Dissolution of Marriage, the signed settlement agreement, a parenting plan when relevant and an order for support when relevant. Couples with no children, short marriages and limited assets may qualify for a joint simplified dissolution, which our petition guide explains.

Common mistakes to avoid

• Filing in the wrong place, such as a suburban district where neither spouse lives.
• Leaving out the cover sheet or Certificate of Dissolution.
• Losing the file-stamped copies that prove what you filed and when.
• Never completing service, which stalls the case.
• Missing the status call, which leads to dismissal.
• Waiting on the financial affidavit until just before a hearing.
• Expecting Clerk staff to give legal advice. They can explain procedures but cannot advise you.

How Chicago Family Attorneys can help

Chicago Family Attorneys, at 53 W. Jackson Blvd., Suite 752, a short walk from the Daley Center, files and responds to divorce cases in Cook, DuPage, Will and Lake Counties. See our Cook County divorce lawyers page and choose the level of help you need:

• Attorney-handled uncontested divorce. A $1,500 flat fee, court filing fees not included. See uncontested divorce fees.
• Self Represented Documents. $399 for an agreed divorce you handle yourself, with covered document preparation, attorney review and one 60-minute advice call. See Self Represented Documents.
• Limited-scope help. Drafting a document or motion for you to file starts at $500, and one hearing appearance starts at $1,200.
• Full representation. 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.

Your fee and scope are confirmed in writing before you engage the firm. Our Cook County family law resources, uncontested divorce page, Illinois divorce guide and 25 questions for your divorce consultation can help you prepare.