Step 1: Complete the documents required to file a petition for dissolution of marriage or civil union in Cook County
(1) Domestic Relations Cover Sheet
(2) Petition for Dissolution of Marriage or Civil Union (See Court Forms section)
(3) Summons
(4) Verification/Certification attesting to the truthfulness of the allegations in the petition (usually attached to Petition)
(5) Certificate of Dissolution (You can pick up this form in the Clerk’s office).
Step 2: Take the completed forms to the 8th floor of the Daley Center or any suburban municipal district courthouse. The clerk’s office will file your paperwork, provide you with a case number, assign a judge to your case, and issue your summons. The filing fees are posted on the Clerk of the Circuit Court of Cook County’s website at www.cookcountyclerkofcourt.org.
Step 3: Serving your summons. There are five options for serving your summons.
(1) Voluntary acceptance.
(2) Sheriff’s service.
(3) Service by special process server. (must receive court permission)
(4) Service by publication.
(5) Service by special order of the court.
*Service affects the type of relief that you may request from the court. If you do not think you will be able to achieve personal service, it is strongly recommended that you seek legal advice to find out the legal ramifications of service by publication.
Step 4: The Respondent has 30 days to file his or her appearance from the date of service. When you know the date of service, you can return to the Clerk’s office and set a court date. You must provide notice to the Respondent of the court date (see the Notice & Motions Section).
* Check out Illinois Legal Aid Online at www.illinoislegalaid.org for more information on how to file for a dissolution of marriage/civil union.
Step 1: Once you have been served with a summons for a dissolution of marriage or civil union, you have 30 days after service of the summons (not counting the day of service) to file your appearance and response (if you choose to provide a response) with the Office of the Clerk of the Circuit Court of Cook County at the location indicated in the summons. If you do not file at least an appearance within 30 days after being served, the court can hold you in default, and the Petitioner can proceed with the case without providing you further notice.
Step 2: There is a fee for filing an appearance and response. The filing fees are posted on the Clerk of the Circuit Court of Cook County’s website at www.cookcountyclerkofcourt.org.
Step 3: Please note that you do not have to wait until the Petitioner sets a court date if you wish to file a motion. You may file a motion at any point once you have filed your appearance.
* Check out Illinois Legal Aid Online at www.illinoislegalaid.org for more information on what to do when you have been served with a petition for dissolution of marriage/civil union.