What to Expect When You File for Divorce in Illinois

By Christina White, Attorney at Law

Filing for divorce is one of the most significant steps a person can take — emotionally, financially, and legally. Whether you’ve been preparing for some time or the decision feels sudden, knowing what to expect can help you feel more confident and in control as you begin this transition. In this article, I’ll walk you through the basic stages of the divorce process in Illinois and offer a few practical tips from the attorney’s perspective to help you navigate each one.

Step 1: Filing the Petition

To begin the divorce process in Illinois, one spouse (the “petitioner”) must file a Petition for Dissolution of Marriage in the circuit court of the county where either spouse resides. You don’t need to prove fault — Illinois is a no-fault state, meaning the grounds of irreconcilable differences are sufficient. Irreconcilable differences mean that the marriage has broken down, you’ve attempted to reconcile, and further efforts would be futile or not in the best interests of your family.

Once the petition is filed, it must be officially served on the other spouse (the “respondent”), unless they agree to accept service and file an Appearance with the court.

Tip: If you’re not the filing spouse, don’t panic when you’re served. This is a procedural step — not a declaration of war. Take time to consult an attorney  and gather information.

Step 2: Temporary Orders and Early Negotiations

In the early stages, either spouse can request temporary orders to address issues like child support, spousal support, formerly known as alimony, now known as “maintenance” in Illinois, parenting time, or possession of the family home while the divorce is pending. These orders are not permanent, but they help establish stability while the case is ongoing.

This is also the time when initial financial disclosures are exchanged. Both parties are required to submit a Financial Affidavit (a sworn statement) detailing income, expenses, assets, and debts. Transparency is key here —you cannot divide things properly without full and accurate disclosure.

Tip: Be honest and thorough in your financial disclosure. Omissions or inaccuracies can delay your case and hurt your credibility later, or result in monetary sanctions.

Step 3: Discovery and Case Management

If the case is more complex — involving businesses, high-value assets, or disputes over parenting — the attorneys will engage in discovery, a process where information is formally requested and exchanged. This might include subpoenas, depositions, and expert evaluations.

At this point, the court may hold a Case Management Conference (CMC) to assess the status of the case and encourage both parties to move toward resolution. The court will also ensure that all required parenting classes have been completed if children are involved.

Tip: You don’t have to go through discovery alone. Your attorney will help you understand what’s required and how to respond — it’s a team effort.

Step 4: Negotiation and Settlement

The majority of divorce cases in Illinois settle before going to trial. That’s because settlement puts control in your hands, rather than leaving decisions up to a judge who doesn’t know your family the way you do.

Settlement discussions can happen directly between attorneys, through mediation, or in a structured settlement conference with the court’s assistance. Key issues addressed in a settlement include:

• Division of marital assets and debts
• Spousal maintenance (alimony)
• Allocation of parental responsibilities
• Parenting time schedules
• Child support

Tip: Even if emotions are running high, try to think long-term. A fair, workable agreement often leads to better co-parenting and less stress down the road.

Step 5: Finalizing the Divorce

Once all issues are resolved, your attorney will draft a Marital Settlement Agreement (MSA) and, if applicable, a Parenting Plan. These documents are submitted to the court for review. At the prove-up hearing, both parties briefly testify to confirm the terms of the agreement and verify that it’s voluntary and fair.

If the judge approves the agreement, a Judgment for Dissolution of Marriage is entered — and you are officially divorced.

Tip: Read the final documents carefully. Once signed, they become enforceable court orders. Ask questions if anything is unclear.

Bonus Step: Life After Divorce

Divorce is not the end of your story — it’s the start of a new chapter. After your judgment is entered, you may need to update beneficiary forms, refinance property, follow up on retirement account divisions, or begin a new co-parenting routine. Your attorney can guide you through these post-decree steps or assist if enforcement or modifications are ever needed.

Final Thoughts

Divorce in Illinois follows a structured legal process — but it’s also a deeply personal journey. At Christina White Legal LLC, we aim to guide our clients with clarity, compassion, and practical support every step of the way. We believe that informed clients make better decisions, and that a respectful, well-prepared divorce process can help lay the foundation for a more peaceful future.

If you’re considering divorce or already in the process, you don’t have to navigate it alone. Reach out for a consultation — we’re here to help.