Form Dv-I 117.1 - How To Get A Divorce (No Children)

State of Illinois

Instruction Book for Dissolution of Marriage Court Forms

What information will help me fill out the court forms?

INTRODUCTION TO GETTING A

o Date you were married;

DIVORCE IN ILLINOIS (NO

o Date you were physically separated;

CHILDREN)

o City, county, state, and country where you were

married;

o Current home address for your spouse or other

These instructions apply to marriages and civil unions. If

address where your spouse can be found;

the instructions say:

o List of all personal property, including bank accounts

o “marriage” it also means “civil union”; AND

that you and your spouse own together or separately;

o “spouse” it also means “partner.”

o List of all real estate that you and your spouse have an

interest in together or separately own (with or without a

Can I ask the court for a divorce in Illinois?

mortgage), purchasing contract for deed, etc.;

You can ask for a divorce if:

o List of all claims for money for injuries or damages that

you or your spouse have suffered;

You are married;

o List of all pension and retirement accounts that you or

You or your spouse has lived in Illinois for at least 90

your spouse have; AND

days; AND

o List of all the debts that you and your spouse have

There is no other divorce case already filed and still

made since you got married, together or separately.

pending anywhere else (not dismissed).

NOTE: If your spouse is on active military service, you

can ask for a divorce, but the court might not be able to

What costs will I need to pay to ask the court for a

give you a divorce.

divorce?

Filing Fee: to file your forms with the Circuit Clerk of

the Circuit Court in the county where you are filing

What forms do I need to ask the court for a divorce?

your divorce.

Below are some of the common forms used in divorce

Service Fee: to serve the Summons on your spouse.

cases. Depending on your specific situation, you may not

need all of the forms listed or you may need other forms

Certified Copy Fee (optional): to get certified copies

not listed here.

of the Judgment of Dissolution of Marriage/Civil Union

(Divorce No Children).

o Petition for Dissolution of Marriage/Civil Union

(Divorce No Children): asks the court for a divorce

Transcript Fee: to get a written recording of your

and gives information needed to begin a divorce case.

divorce court hearing. Some counties require this.

o Certificate of Dissolution of Marriage*: lists

information about your case that is sent to the Illinois

What if I cannot afford to pay the costs?

Department of Public Health after your divorce is final.

If you cannot afford to pay the fees, you can ask the

o Summons: tells your spouse that you are asking the

court to file for free. Fill out the Application for Waiver

court for a divorce.

of Court Fees to ask the court for a fee waiver. This is

o Entry of Appearance: is completed by your spouse to

a separate set of forms you can find at:

tell the court that they do not need to receive a

Summons.

o Judgment of Dissolution of Marriage/Civil Union

Who will assist me during my divorce case?

(Divorce No Children): is used by the judge to grant

o Circuit Clerk: The Circuit Clerk will accept your

or deny your divorce. If granted, the Judgment will also

divorce forms, collect fees for filing your divorce case,

divide property, assign debt, and determine whether

and help schedule a court date. The Circuit Clerk

spousal support will be paid.

cannot give you legal advice.

o Sheriff: you will ask the sheriff in the county where

Where can I find the forms I need?

your spouse lives to serve a Summons on your

*You can get the Certificate of Dissolution of Marriage at

spouse.

the Circuit Clerk’s office.

o Judge: you will see and speak to the judge at your

You can find the rest of the forms at:

court dates. The judge will decide whether you get a

divorce. The judge cannot give you legal advice.

When will I be divorced?

You are divorced when the judge signs the Judgment for

Dissolution of Marriage/Civil Union (Divorce No Children).

Find Illinois Supreme Court approved forms at:

DV-I 117.2

Page 2 of 6

(01/18)

Form Dv-I 117.1 - How To Get A Divorce (No Children) - Illinois Page 2

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