Illinois Divorce Papers

Although Illinois does not have easily accessible divorce forms available from its own website, several reputable legal websites offer divorce packages for a fee. Most come with instructions. The exact papers you will need may depend on the particulars of your particular case, but some documents are the same in all divorce matters. Check with the court in your county to find out if there is anything additional required there.
1

Prepare a petition for divorce. If you can't purchase one on the Internet or prefer not to, call the superior court clerk in your county to see if they offer a form petition that you can use. You are the petitioner and your spouse is the respondent. The petition will ask for basic information about you, your spouse and your children, if you have any. It will also ask you for your grounds for divorce and how you want to resolve matters between you and your spouse. Illinois offers seven fault grounds, as well as the no-fault ground of irreconcilable differences.
2

File the petition with the court and serve a copy on your spouse. Illinois allows you to do this through either a private process server or the county sheriff. If you use the sheriff's department, it will usually file a proof of service with the court on your behalf. Check to make sure this is true in your county. If you use a private process server, he may return a proof of service to you after he has given your spouse a copy of your petition. You would then have to file the proof of service with the court yourself. Illinois does not allow you to mail your petition to your spouse or deliver it to him by hand.
3

Call the court and ask for a form to request a default judgment if your spouse does not respond to your petition within 30 days. He must do this in writing and file his response with the court. If he does not, he has defaulted. Complete the default request and file it and the court will notify you with a date for a default hearing. When you appear before the judge, he will grant your divorce. In most cases, he will award you what you asked for in your petition, unless it was totally unreasonable and inequitable.


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