What Documents Are Required to Start a Divorce in Illinois?

 Posted on June 05, 2025 in Divorce

Starting a divorce can feel like stepping into unfamiliar territory. Whether the decision was mutual or one-sided, most people quickly realize that ending a marriage involves more than emotions; it involves paperwork.

When you decide to file, the court expects specific forms that start the legal process. Knowing what is required ahead of time can reduce stress and help you avoid expensive delays. A Will County, IL divorce lawyer can help you ensure everything is filed correctly and completely in a timely manner.

What Is the First Document You Need to File?

To begin a divorce in Illinois, you must file a Petition for Dissolution of Marriage with the circuit court in the county where either spouse resides. This petition initiates the legal process and outlines basic information about the marriage. It includes details such as both spouses’ names and addresses, the date and place of the marriage, and a statement that irreconcilable differences have caused the relationship to break down. Since Illinois is a no-fault divorce state, you are not required to prove misconduct.

Do You Need to Serve the Other Spouse?

After filing the petition, the next step is to serve your spouse with legal notice of the case. This is done using a Summons, which must accompany the petition and be delivered through an approved method.

Service can be completed by the sheriff’s office, a licensed process server, or certified mail if approved by the court. Proper service ensures that your spouse has the opportunity to respond to the case, and it prevents future challenges caused by improper notice.

Do You Need Financial Information Right Away?

Illinois courts require both parties to submit a Financial Affidavit, which provides a complete picture of each spouse’s financial situation. This form is crucial for determining spousal support, child support, and how property and debts will be divided.

To accurately complete this affidavit, it is helpful to have supporting documents, including:

• Pay stubs and income records

• Tax returns from the past two years

• Bank account and credit card statements

• Mortgage documents or lease agreements

• Loan statements and retirement account records

What If You Have Children?

If children are involved, additional forms are needed to address parenting responsibilities. Illinois law requires parents to submit a parenting plan within 120 days of the initial divorce filing. This document outlines how decisions regarding the children will be made and how parenting time will be shared. If the parents cannot agree on a plan, the court may intervene and create one based on the children’s best interests.

If child support is requested, a Uniform Order for Support must be filed. This order specifies the amount of child support to be paid, the frequency of payments, and how they will be made.

Contact a DuPage County, IL Divorce Lawyer

Starting a divorce involves more than just one form—it requires detailed documentation that reflects your family’s financial, legal, and personal circumstances. A Naperville, IL family law attorney at Law Office of Ronald L. Hendrix, P.C. can help you file the documents that are needed to properly start the process. Contact us today at 630-355-7776 to schedule a free consultation and learn more about how we can assist you.