How to Respond to Divorce Papers in Illinois

What to do in the first week after you are served

In the first week, read every page you were given, write down the date you were served, and put your response deadline on a calendar.

Read the summons and the petition

The summons is the court's official notice that a case has been filed. The petition for dissolution of marriage says what your spouse is asking the court to order. Under Illinois Supreme Court Rule 101(a), every Illinois civil summons must tell you that to take part in the case, you must file an "Appearance" and an "Answer/Response" within the time stated on the summons. It must also warn that if you do not, the court may decide the case without hearing from you.

Note the case number, the courthouse, any court date and each request in the petition. Check whether a motion came with it, because a motion can carry its own shorter deadline.

Write down the date you were served

Under Rule 181(a), the 30 days are counted from the day the summons was left with the person designated by law, not from the day a copy was mailed. Write down who handed you the papers and where.

Look for the dissolution action stay on the summons

In every Illinois divorce case, the back of the summons carries a notice of a dissolution action stay that is in effect once the summons is served. It restrains both spouses from physically abusing, harassing, intimidating, striking or interfering with the personal liberty of the other spouse or the minor children, and from concealing a minor child from the child's other parent. It does not take away any remedy under the Illinois Domestic Violence Act of 1986 (Rule 101(e)). If you fear for your safety, ask about an order of protection.

How long do you have to respond to divorce papers in Illinois?

In most Illinois divorce cases, you have 30 days after service, not counting the day you were served, to respond. Rule 101(d) says the summons requires you to file your answer or otherwise file your appearance within 30 days after service, exclusive of the day of service. If you appear in some way other than by filing a motion, your answer is due on or before the last day you were required to appear (Rule 181(a)). In a divorce, that answer is called a Response (750 ILCS 5/105(c)).

If you were served on March 3, day one is March 4, and the 30th day is April 2. An e-filed document is timely if it is submitted before midnight, in the court's time zone, on the due date, unless a statute, rule or court order sets a time of day (Rule 9(f)).

Sometimes a case is started with a praecipe for summons instead of a petition. Then the summons requires your appearance within 30 days after service, and you plead to the petition within 30 days after it is filed (750 ILCS 5/411(b)). If you need more time, ask early: for good cause shown, on a motion with notice to the other side, the court may extend the time for filing a pleading, either before or after the deadline (Rule 183).

File an Appearance and a Response

To take part in the case, you file two documents: an Appearance, which tells the court you are in the case and where to send notices, and a Response, which answers the petition.

The Appearance form

The summons points to the statewide forms at ilcourts.info/forms. You may be charged a filing fee, but if you cannot pay it, you can file an Application for Waiver of Court Fees (Rule 101(a)).

Cook County adds one choice. If your spouse filed in a suburban district and there is no judgment yet, you may move the case to the Daley Center by filing a District Transfer form together with your Appearance. Absent leave of court, the transfer must be filed no later than 30 days after service of summons, not counting the day of service (Cook County Circuit Court Rule 13.2(f)(i)). The court's Domestic Relations FAQ adds that you cannot file the transfer form after you have filed your Appearance.

The Response to the petition

The Response answers the petition paragraph by paragraph, and each answer must explicitly admit or deny the allegation it responds to (735 ILCS 5/2-610(a)). Every allegation that is not explicitly denied is treated as admitted, unless you state that you lack enough knowledge to form a belief and attach an affidavit saying so (2-610(b)).

A divorce petition must be verified (750 ILCS 5/403(a)), and when a pleading is verified, every later pleading must also be verified unless the court excuses it (735 ILCS 5/2-605(a)). So your Response includes a signed verification that its statements are true. See our guide to the petition for dissolution of marriage.

E-filing your documents

Unless an exception or exemption applies, all documents in Illinois civil cases must be electronically filed with the clerk through an e-filing system approved by the Illinois Supreme Court (Rule 9(a)). A self-represented person in a local jail or correctional facility, and a person whose disability prevents e-filing, are exempt automatically. A self-represented person can also file a Certification for Exemption From E-filing for good cause, such as no computer or internet access at home or a language barrier (Rule 9(d)). Our Cook County family law forms page lists the common pleadings.

Should you file a counter-petition?

File a counter-petition if you want the court to grant relief you are asking for, not only to answer what your spouse asked for. Either or both spouses may start a dissolution case (750 ILCS 5/403(b)), so the spouse who was served can file a counter-petition for dissolution of marriage with requests of their own about parenting, support, maintenance and property.

One practical reason to file one is to keep your own claims before the court. Under the Code of Civil Procedure, a voluntary dismissal by the spouse who filed, made before trial or hearing begins, does not dismiss a pending counterclaim (735 ILCS 5/2-1009(d)), and the Civil Practice Law, which includes that rule, applies to divorce cases except where the divorce statute provides otherwise (750 ILCS 5/105(a)). Ask a lawyer how that fits your case.

You do not need a counter-petition simply to disagree; your Response can deny what is wrong. You also do not need one to ask for temporary relief, which either spouse may request by motion (750 ILCS 5/501(a)).

What happens if you do not respond?

If you do not file an Appearance or a Response on time, your spouse can ask for a default divorce, and the court can decide the case without hearing from you.

Default judgments

A judgment by default may be entered for want of an appearance or for failure to plead (735 ILCS 5/2-1301(d)). In a divorce default, the court hears the case on your spouse's testimony in open court, and the judge must be satisfied that all proper means were taken to notify you (750 ILCS 5/405). The judgment can then settle parenting, support and property without your side of the story. Our guide to what happens if a spouse won't sign divorce papers covers defaults from the other side.

If you missed the deadline

Act right away. Before a final judgment, the court may in its discretion set aside a default, and on a motion filed within 30 days after a final judgment is entered, it may set aside that judgment on reasonable terms (735 ILCS 5/2-1301(e)). If no default has been entered yet, file your Appearance and Response as soon as you can, and ask for more time under Rule 183 if needed. After the 30-day window, the options are narrower; see our guide to motions to vacate a judgment.

Temporary support and other early requests

Either spouse can ask the court for temporary orders while the divorce is pending, including temporary maintenance and temporary child support. The request must come with an affidavit showing the facts behind it, on the one statewide financial affidavit form, supported by documents such as tax returns, pay stubs and bank statements (750 ILCS 5/501(a)(1)). If a motion was served on you, a response may be filed within 21 days after service of the notice of motion, or at the time stated in a temporary restraining order (501(c)).

Cook County sets its own disclosure deadline. In cases about property, maintenance, child support or attorney's fees, the respondent must serve a completed Financial Affidavit no later than 30 days after filing an appearance or, if sooner, at least seven business days before a hearing (Cook County Circuit Court Rule 13.3.1(a)(i), (ii)). See how to fill out an Illinois financial affidavit.

A temporary order does not prejudice rights decided later in the case (501(d)). If your spouse controls most of the money, the court can order an interim award of attorney's fees against your spouse when it finds that your spouse can pay and that you lack sufficient access to assets or income to pay reasonable fees (501(c-1)(3)). See motions for temporary relief and whether your spouse can be ordered to pay your attorney's fees.

Getting help with your response

You can respond on your own, get help with documents, or hire a lawyer for one task or the whole case. Chicago Family Attorneys handles family law only, for clients in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago.

Document help for agreed cases

If you and your spouse agree on every issue, the firm's attorney-handled uncontested divorce is a $1,500 flat fee (court filing fees not included). If you would rather handle the case yourself, Self Represented Documents is $399. The fee includes covered document preparation, attorney document review and one sixty-minute advice call; you handle filing, service and court dates.

Limited scope and full representation

For a contested case, or one part of it, limited scope help covers drafting from $500 and one hearing appearance from $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. 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. Call 312-965-5618. Related: how to serve divorce papers in Illinois and our Chicago divorce attorneys page.