State of Illinois Instruction Book for Dissolution of Marriage Court Forms
Find Illinois Supreme Court approved forms at: http://www.illinoiscourts.gov/Forms/approved/.
o How to File by Mail
• If you will be asking for a fee waiver, there may be
local rules requiring you to file your Application for
Waiver of Court Fees in person. Ask the Circuit
Clerk if you have to file your Application for
Waiver of Court Fees in person.
• In Cook County, you must go in person to have
your fees waived.
• If you do not need to appear in person, mail your
original forms including your Application for
Waiver of Court Fees and one copy to the Circuit
Clerk.
• If you do not need to have your fees waived, mail
your original forms and one copy to the Circuit
Clerk.
• Include the Letter to the Circuit Clerk found at:
http://www.illinoiscourts.gov/Forms/approved/.
• Include a self-addressed and stamped envelope
for the Circuit Clerk to mail the file stamped copy
to you.
o How to File Online
• Check your local Circuit Clerk’s website to see if
online filing is an option for you at:
http://www.ilcourtclerks.org/illinois-court-clerks/
.
• Follow the instructions for filing online.
• Pay the filing fee as instructed online or file your
Application for Waiver of Court Fees.
• Even if you can file online, you may have to
appear in person to apply for a fee waiver. Ask
the Circuit Clerk if you have to file your
Application for Waiver of Court Fees in person.
Serve your spouse with copies of your Petition for
Dissolution of Marriage/Civil Union (Divorce No
Children) and Summons.
o If your spouse signs an Entry of Appearance, you do
not have to have your spouse served by the sheriff.
You are ready to get a court date (skip to "Ask for a
court date" below).
o If your spouse did not sign an Entry of Appearance,
then staple the Summons to the front of the copy of
Petition that will go to your spouse.
o In person or by mail, ask the sheriff in the county
where the case was filed to serve your Summons and
your Petition on your spouse.
o In Person
• Bring 2 copies of your Summons and your Petition
to the sheriff’s office.
• Pay the sheriff’s fees OR give the sheriff a copy of
your Order for Waiver of Court Fees (if you have
one) to not be charged a fee.
o By Mail
• Mail 2 copies of your Summons and your Petition
to the sheriff’s office.
• Include the Letter to the Sheriff found at:
http://www.illinoiscourts.gov/Forms/approved/.
• Include a self-addressed and stamped envelope
for the sheriff to mail the Return of Service to you.
• Pay the sheriff’s fees OR mail the sheriff a copy of
your Order for Waiver of Court Fees (if you have
one) to not be charged a fee.
o If your spouse does NOT live in the same county or
state where the case was filed:
• Get the name, address, and telephone number of
the sheriff for the county or the state where your
spouse lives.
• Call the sheriff in that county to find out:
If it is the correct sheriff’s department for the
address where you want your spouse
served;
The address where you should bring or mail
your Summons and Petition;
The number of copies of your Summons and
Petition to bring or send; AND
The sheriff’s fees for service and if they will
honor your Order for Waiver of Court Fees
(if you have one). If the sheriff is in Illinois,
the sheriff must honor the fee waiver.
Confirm the sheriff served your Petition on your
spouse.
o After the sheriff serves your spouse with your Petition,
they will fill out the Return of Service section of your
Summons form and file it with the Circuit Clerk or mail
it to you.
o If the sheriff files the Summons with the completed
Return of Service directly with the Circuit Clerk, call
the Circuit Clerk to find out if it has been filed. If it has
been filed, ask the Circuit Clerk how to get a copy.
o If the sheriff mails the Summons with the completed
Return of Service to you, make a copy for yourself,
file the original with the Circuit Clerk, and have the
Clerk file stamp your copy.
o If the sheriff was not able to serve your spouse, ask
them why. You should try to fix the problem and then
fill out another Summons and ask the sheriff to try to
serve your spouse again.
Wait for your spouse to file a response with the Circuit
Clerk.
o Once the sheriff serves your forms on your spouse,
your spouse has 30 days to file an Appearance and a
response with the Circuit Clerk.
o If you do not get a copy of your spouse's Appearance
and response within the 30 days, call the Circuit Clerk
to ask if there is an Appearance and response in the
file. If there is, ask the Circuit Clerk to send you a copy
or go to the Circuit Clerk’s office to pick it up.