Dissolution of Marriage/Divorce

a. Jurisdiction: In order for the court to have jurisdiction over your case, one or both spouses must be a resident of Illinois (or stationed in Illinois while a member of the armed services) for at least 90 days prior to the filing of the case, or not less than 90 days before the final judgment is entered.

b. Venue: You can file for divorce in the county in which you reside or the county in which your spouse resides. Filing in a county where neither you nor your spouse resides requires a written request (Motion) and hearing to proceed. The Motion must be filed at the same time that you file for divorce.

c. Petition. Prepare a Petition for Dissolution of Marriage , which will be filed with the Circuit Court Clerk. There is a different Petition for Dissolution of Marriage for a marriage with or without children. The Petition should include the following information:

• Date of the marriage and the state and county in which it was registered.
• Names, addresses, and ages of all living children of the spouses and whether a spouse is pregnant. Note: it is preferable to use the initials of all minor children instead of full names and only the year of each child’s birth and age as opposed to the actual date of birth of a child.
• Whether any arrangement has been made between the spouses as to child support, allocation of parental responsibility, and parenting time.
• Whether any arrangement has been made between the spouses as to the support or maintenance of each spouse; and
• The relief sought (what you want the Judge to award to you and/or your spouse).

d. Filing: The Petition must be e-Filed with the Circuit Clerk. A case number and court date will be assigned at the time of filing.

You must also e-File the following documents at the Lake County Clerk’s Office:

• Entry of Appearance: ** If your spouse is in agreement with the divorce or does not wish to be served, they may e-File their Appearance and pay a filing fee /apply for a fee waiver at the time of/after you file the Petition. In this case, you will not need to file a Summons or complete Service of Process (section e. below).**
• Summons: If your spouse is not willing to file an Appearance: you will need to fill out a “Summons Petition for Dissolution of Marriage/Civil Union.” You will need to complete the summons form with the case name, the name and address of the opposing party, and your information.
• Affidavit as to Military Service: The Affidavit as to Military Service informs the Court whether the Respondent is or might be in the military service of the United States. You must complete the form truthfully and accurately and include your name and contact information at the bottom.
• Declaration Under Uniform Child-Custody Jurisdiction Act (UCCJEA): This form is required if you and your spouse have minor children together. The form requires detailed information about the children involved in this action and where they have lived for the past five years.

e. Service of Process: The process of officially delivering the summons and petition to the other party is known as service of process. This provides legal notice of your divorce action to the other party . If your spouse files an Entry of Appearance, that serves as them waiving service.

• Service by the Sheriff : The sheriff in the county that your spouse resides can attempt to serve your spouse with a file-stamped copy of your petition and summons. There is a fee, which varies depending on where your spouse lives within the county. If you cannot afford the fee, follow the steps to obtain a Waiver of Court Fees. The Sheriff only accepts cash or checks. A fee waiver will be applied in Lake County and potentially surrounding counties. A minimum of 2 weeks is required for service.
• Service by Publication : If you do not know where your spouse lives or works, or if the Sheriff has tried and failed to serve your spouse, then you may be able to serve the Respondent by publishing a notice in a local newspaper. You must get a Court Order signed by the Judge allowing you to publish the notice in the local newspaper. You can file a Motion and Notice of Motion to request permission before publishing.
• Proof of Service : All affidavits of service by Lake County Sheriff will be returned to the Clerk of the Circuit Court for filing. The Sheriff's department of a different county may send the affidavit to you, and you will need to e-File it with the Clerk's office.

f. After service: Your spouse has 30 days after being served to file an Entry of Appearance form in your case and pay the filing fee or apply for a fee waiver.

• If your spouse has filed an Appearance and you have reached an agreement on all issues, you can request a prove-up hearing date. A prove-up hearing is the court date when you appear before the Judge and request that the Judge grant you a divorce based on the terms of your agreement. You must bring to court all of the necessary documents for the prove up and follow the prove up instructions below. You can obtain a date by submitting a Motion and Notice of Motion to the Clerk’s office or from your Judge if you are already in court for a previously scheduled appearance.
• If your spouse chooses, they may file an Answer to the Petition, in which they answer to every numbered paragraph of the Petition by denying or admitting the allegations. This must also be e-Filed and given to the opposing party.
• If your spouse does not file their Appearance within 30 days of being served or files their Appearance and does not show up to the following court dates, the judge may allow you to file a motion for default, see instructions below.

g. Default: To obtain a default judgement and finalize the divorce without your spouse’s participation, you must:

• Receive permission from the judge through a court order.
• Complete a Motion for Default, an Affidavit as to Military Service, and a Proof of Delivery and e-File them.
• If your spouse was served with the Petition for Dissolution of Marriage or filed an Appearance, you will need to mail them (at their last known address) the Order of Default and Motion for Default and set another date to return to court to complete the prove-up.
• If you and your spouse have minor children together, you must complete the Lake County Parenting Class before the final prove-up hearing.

h. Uncontested Proceedings, Prove-Up: If you have reached an agreement with your spouse, you may appear in front of a Judge to finalize your case through a "prove-up" hearing.

At the prove-up hearing you will need an original and two copies of the following documents:

• Judgment for Dissolution of Marriage (with or without children);
• Certificate of Dissolution of Marriage;

If there are minor children, you will also need the following:

• Certificate of Compliance with the Lake County Parenting Class;
  • The Lake County Family Parenting Program is governed by Local Court Rule 4-3.14. You may obtain the enrollment form here. There is a fee to take this class, but the fee is waived if the Court grants a fee waiver. If you are prepared to pay for the class by credit card, you may also enroll by phone at (847) 543-2185 or Fax (847) 543-2188.

  At the prove-up hearing, you will be put under oath and the judge will ask you questions regarding your Petition for Dissolution, and what you are asking of the court. If the Judge is satisfied that all the requirements have been met, the Judge will state his or her findings, grant the dissolution, and sign the Judgment for Dissolution and other orders as required. Wait for a copy of the Judgment and orders signed by the Judge before leaving the courtroom.

  If you have requested permission to return to your maiden name or if you need to change ownership of bank accounts or car titles, you should request a certified copy of the Judgment for Dissolution from the Circuit Clerk’s Office. There is a fee to receive a certified copy.

  i. Contested Proceedings: For more information on pre-trial matters and trial, please see the tab on the left.