Form Dv-I 117.1 - How To Get A Divorce (No Children) - Illinois Page 4
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6State of Illinois
Instruction Book for Dissolution of Marriage Court Forms
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If you do not have access to a computer, or if you
Confirm the sheriff served your Petition on your
spouse.
need help e-filing, take your forms to the Circuit
After the sheriff serves your spouse with your Petition,
Clerk’s office, where you can use a public computer to
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they will fill out the Return of Service section of your
e-file your forms. You can bring your paper
Summons form and file it with the Circuit Clerk or mail
Application, or bring them saved on a flash drive. The
terminal will have a scanner and computer that you
it to you.
can use to scan, save, and e-file your forms.
If the sheriff files the Summons with the completed
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Return of Service directly with the Circuit Clerk, call
Serve your spouse with copies of your Petition for
the Circuit Clerk to find out if it has been filed. If it has
Dissolution of Marriage/Civil Union (Divorce No
been filed, ask the Circuit Clerk how to get a copy.
Children) and Summons.
If the sheriff mails the Summons with the completed
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If your spouse signs an Entry of Appearance, you do
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Return of Service to you, make a copy for yourself,
not have to have your spouse served by the sheriff.
file the original with the Circuit Clerk, and have the
You are ready to get a court date (skip to "Ask for a
Clerk file stamp your copy.
court date" below).
If the sheriff was not able to serve your spouse, ask
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If your spouse did not sign an Entry of Appearance,
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them why. You should try to fix the problem and then
then staple the Summons to the front of the copy of
fill out another Summons and ask the sheriff to try to
Petition that will go to your spouse.
serve your spouse again.
In person or by mail, ask the sheriff in the county
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where the case was filed to serve your Summons and
your Petition on your spouse.
Wait for your spouse to file a response with the Circuit
In Person
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Clerk.
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Bring 2 copies of your Summons and your Petition
Once the sheriff serves your forms on your spouse,
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to the sheriff’s office.
your spouse has 30 days to file an Appearance and a
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Pay the sheriff’s fees OR give the sheriff a copy of
response with the Circuit Clerk.
your Order for Waiver of Court Fees (if you have
If you do not get a copy of your spouse's Appearance
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one) to not be charged a fee.
and response within the 30 days, call the Circuit Clerk
By Mail
to ask if there is an Appearance and response in the
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file. If there is, ask the Circuit Clerk to send you a copy
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Mail 2 copies of your Summons and your Petition
or go to the Circuit Clerk’s office to pick it up.
to the sheriff’s office.
If your spouse files an Appearance and response, you
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Include the Letter to the Sheriff found at:
may then get a court date from the Circuit Clerk.
After the 30 days from the date of service, you may
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Include a self-addressed and stamped envelope
get a court date from the Circuit Clerk whether or not
for the sheriff to mail the Return of Service to you.
your spouse filed an Appearance and response.
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Pay the sheriff’s fees OR mail the sheriff a copy
Ask for a court date.
of your Order for Waiver of Court Fees (if you
Ask the Circuit Clerk if you have to schedule a court
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have one) to not be charged a fee.
date or if one will be scheduled automatically.
If your spouse does NOT live in the same county or
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If you need to schedule the court date, ask the Circuit
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state where the case was filed:
Clerk how to do so. The Circuit Clerk may schedule
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Get the name, address, and telephone number of
the court date or you may have to speak with other
the sheriff for the county or the state where your
court staff.
spouse lives.
When you get your court date, ask if the court will
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Call the sheriff in that county to find out:
send notice of the hearing to your spouse or if you
If it is the correct sheriff’s department for the
need to.
address where you want your spouse
If you need to send notice, complete a Notice of Court
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served;
Date.
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.
Find Illinois Supreme Court approved forms at:
DV-I 117.2
Page 4 of 6
(01/18)
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