Petition for Dissolution of Marriage in Illinois: What It Says and How to File

The short answer

The petition is the first document in a divorce case. You sign it under oath, file it with the Clerk of the Circuit Court, and have it served on your spouse with a summons. It lists the facts the court needs and the decisions you are asking for: parenting, support, property, debts and maintenance. Your spouse then has a chance to respond, and the case moves through disclosure, negotiation and, if needed, trial.

What the petition is and who files it

The petition for dissolution of marriage is a pleading under the Illinois Marriage and Dissolution of Marriage Act. Section 403(b) says either or both spouses may start the proceeding. The spouse who files is the petitioner, and the other spouse is the respondent. Filing first decides who is called the petitioner; the same law applies to both spouses.

There is a second way to begin. Under Section 411, a spouse may file a praecipe for summons, which is a short request that starts the case, and then file the full petition within six months unless the court extends that time. A praecipe for summons must be served within 30 days after it is issued, unless the respondent voluntarily files an appearance.

Residency and the irreconcilable differences ground

Under Section 401(a), the court can enter a judgment of dissolution if one spouse was an Illinois resident, or was stationed in Illinois as a member of the armed services, when the case began, and that residence or presence lasted for the 90 days before the case was filed or before the court makes its finding. Because the verified petition must state that these residency requirements have been met (Section 403(a)(3)), the simplest course is to file after the 90 days have passed.

Illinois has one ground for divorce: irreconcilable differences have caused the irretrievable breakdown of the marriage, and the court finds that reconciliation efforts have failed or that future attempts would be impracticable and not in the family's best interests. Fault such as adultery is not a ground. Section 401(a-5) adds that if the spouses have lived separate and apart for a continuous period of at least six months before the judgment, there is an irrebuttable presumption that this requirement is met. Six months of separation is not required to file.

What the petition must say

Under 750 ILCS 5/403(a), the petition must be verified and must at least state:

1. the age, occupation and residence of each spouse, and how long each has lived in Illinois;
2. the date of the marriage and the place where it was registered;
3. whether a petition for dissolution is pending in any other county or state;
4. that the residency requirement of Section 401(a) is met and that irreconcilable differences have caused the irretrievable breakdown of the marriage;
5. the names, ages and addresses of all living children of the marriage, and whether a spouse is pregnant;
6. any arrangements about support, allocation of parental responsibility and maintenance; and
7. the relief sought.

The Illinois Supreme Court's approved statewide divorce forms, which every Illinois court must accept, include petitions for divorce with and without children. Lawyers often draft their own petitions that cover the same points in more detail.

What the petition asks the court to decide

Section 401(b) says the court cannot enter the judgment unless it has considered, approved, reserved or made provision for parental responsibilities, child support, maintenance and property. The petition frames those issues.

Children

For minor children, the petition asks for an allocation of parental responsibilities, meaning significant decision-making and parenting time, and for child support. Under Section 602.10(a), each parent must file a proposed parenting plan within 120 days after service or filing of the petition, unless the court extends the time. In Cook County, Rule 13.4(f) requires parents to complete an approved parenting education program, and Rule 13.4(e) makes mediation mandatory for contested parenting issues unless an impediment exists.

Property and debts

The court assigns each spouse's non-marital property to that spouse and divides marital property, including debts, in just proportions under Section 503(d). Marital property is generally what either spouse acquired during the marriage, with exceptions such as gifts and inheritances. Our page on what a spouse is entitled to in an Illinois divorce explains the factors.

Maintenance

The petition can request maintenance, also called spousal support or alimony, or state that it is waived. The court applies the factors in Section 504. Our guide to Illinois alimony laws covers how maintenance is calculated.

Filing in the Domestic Relations Division

In Cook County, divorces are heard by the Domestic Relations Division of the Circuit Court. The Clerk's Domestic Relations office is in Room 802 of the Richard J. Daley Center, 50 W. Washington Street, Chicago. Under Cook County Rule 13.3(e), a case may also be filed at a suburban district courthouse (Skokie, Rolling Meadows, Maywood, Bridgeview or Markham) if at least one spouse lives within that district.

1. Prepare the filing packet. Rule 13.3(a) requires the petition or praecipe to be filed with a Domestic Relations Cover Sheet, a Certificate of Dissolution as required by 750 ILCS 5/707, and the filing fee published by the Clerk.
2. E-file. Civil cases in Illinois are e-filed through eFileIL, using the Odyssey eFileIL portal or another approved filing service provider. A self-represented person who cannot e-file can ask for an exemption on the approved certification form.
3. Pay the fee or apply for a waiver. Fees vary by filing and are listed on the Clerk's Domestic Relations fee schedule. If you cannot afford them, apply for a fee waiver on the statewide Application for Waiver of Court Fees under Supreme Court Rule 298 and 735 ILCS 5/5-105. In Cook County, Rule 13.3(p) requires the applicant to present the application to the court in person, with limited exceptions.
4. Receive the case number and calendar. The case is randomly assigned to a team of judges or an individual calendar.

Our step-by-step guide to how to file for divorce in Cook County covers the e-filing and fee process in more detail.

Service, the response and the first court date

After filing, your spouse must be served with the summons and petition, unless 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 an answer or other response. The respondent can admit or deny each paragraph and may file a counter-petition.

Cook County Rule 13.3.1 then requires each spouse to serve a financial affidavit, with proof of income, within 30 days after service of the petition for the petitioner, or within 30 days after the appearance for the respondent. Rule 13.4(h) requires every case to be called for status within six months after filing, and a petitioner who misses the status call risks dismissal for want of prosecution. Case management conferences follow Supreme Court Rules 218, 904 and 923. If the respondent never appears, the petitioner can seek a default.

Joint simplified dissolution

Some couples can use a shorter joint process. Under 750 ILCS 5/452, both spouses file together and must certify that, among other conditions:

• no children were born of the spouses' relationship or adopted by them during the marriage, and the wife, to her knowledge, is not pregnant by the husband;
• the marriage lasted no more than eight years;
• neither spouse has any interest in real estate, and any retirement benefits are held only in IRAs worth less than $10,000 combined;
• both waive maintenance;
• marital property is worth less than $50,000 after debts, combined gross income is under $60,000, and neither spouse earns more than $30,000; and
• they have disclosed all assets, debts and tax returns for every year of the marriage, and signed written agreements dividing assets over $100, debts and any companion animals.

Cook County uses court-approved forms for this process under Rule 13.3(a)(iii), and the Clerk's instructions say both spouses must appear at the hearing.

Common mistakes to avoid

• Filing before the 90-day residency requirement is met.
• Leaving out required facts, such as a pending case in another county or a pregnancy.
• Forgetting the cover sheet or Certificate of Dissolution required in Cook County.
• Missing the financial affidavit deadline under Rule 13.3.1.
• Ignoring the status call, which can lead to dismissal.
• Choosing joint simplified dissolution without qualifying. Every condition in Section 452 must be true.

How Chicago Family Attorneys can help

Chicago Family Attorneys, at 53 W. Jackson Blvd., Suite 752, in the Chicago Loop, prepares and responds to petitions for dissolution in Cook, DuPage, Will and Lake Counties. Options include:

• Attorney-handled uncontested divorce. A $1,500 flat fee, court filing fees not included. See our uncontested divorce page and uncontested divorce fees.
• Self Represented Documents. $399 for people handling an agreed divorce themselves, with covered document preparation, attorney review and one 60-minute advice call. You handle filing, service and court dates. 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 for contested cases. 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. If you are handling paperwork yourself, our Cook County family law resources may help, and our step-by-step guide to getting a divorce in Illinois and 25 questions for your divorce consultation help you prepare. For full representation, see our Chicago divorce attorneys page.