How to Fill Out Illinois Petition for Dissolution of Marriage (With Children) + FAQs

The Illinois Petition for Dissolution of Marriage (With Children) is the court document one spouse files in the Circuit Court to legally end a marriage when minor children are involved, asking the judge to dissolve the marriage, allocate parental responsibilities, set parenting time, order child support, and divide marital property under the Illinois Marriage and Dissolution of Marriage Act. The filer (called the Petitioner) submits it to the Circuit Clerk in the county where either spouse lives, and the other spouse (the Respondent) is then served with a Summons and a copy of the petition.

Illinois sees roughly 25,000 to 30,000 divorce filings each year according to data tracked by the Illinois Department of Public Health vital statistics program, and Cook County alone processes more than a third of those cases. Getting a single field wrong on this petition — the wrong grounds language, a missed UCCJEA child residence box, or a personal identifier left visible in violation of Illinois Supreme Court Rule 138 — can stall your case for weeks and cost extra fees to refile.

Here is what you will learn in this guide:

• 📝 How to complete every box on the standardized statewide Petition for Dissolution of Marriage (With Children) form approved by the Illinois Supreme Court Commission on Access to Justice.
• 📂 Which supporting documents (Summons, Appearance, UCCJEA Affidavit, Financial Affidavit, proposed Parenting Plan, Affidavit as to Military Service) must travel with the petition.
• 💻 How to e-file through eFileIL on the Odyssey portal — Illinois’s mandatory electronic filing system for civil cases.
• 💵 How to handle filing fees in your county and how to request a fee waiver using the Application for Waiver of Court Fees.
• 👨‍👩‍👧 How to walk three real-life named scenarios — short marriage, long marriage with assets, and a military deployment — through the form from caption to signature.

What the Form Is and Who Must File It

The Petition for Dissolution of Marriage (With Children) is the initiating pleading that opens a divorce case in an Illinois Circuit Court when the spouses share at least one child under 18 (or a child up to 19 still in high school for child-support purposes). It is authorized by 750 ILCS 5/401 and tells the court three things: that the marriage qualifies for dissolution under Illinois law, that the court has jurisdiction over both spouses and the children, and that the petitioner wants specific relief — usually dissolution, allocation of parental responsibilities, parenting time, child support, maintenance, and a property division.

You must file this form (rather than the Joint Simplified Dissolution form) if you have any minor or dependent children of the marriage, even if you and your spouse agree on every issue. The Joint Simplified Dissolution path under 750 ILCS 5/452 is closed to couples with children. Couples who agree on everything can still use the Joint Petition for Dissolution form together, but a single-filer Petition is the most common route, especially when one spouse is unsure, unavailable, or uncooperative.

To file, the petitioner or the respondent must have lived in Illinois for at least 90 days before judgment is entered, under 750 ILCS 5/401(a). The court must also have jurisdiction over the children under the Uniform Child-Custody Jurisdiction and Enforcement Act (750 ILCS 36/), which usually means the children have lived in Illinois for the past six months. Filing in the wrong state or before the residency period is met causes the petition to be dismissed and the filing fee lost.

The current statewide form is the version approved by the Illinois Supreme Court Commission on Access to Justice, revision dated within the last two years — always confirm the revision date in the bottom corner of page 1 against the version posted on the Illinois Courts forms library before filing.

Before You Start: Documents and Information You Need

Gather the following before opening the petition. Missing items force you to stop mid-draft, and once filed, missing facts can require an amended petition and another filing fee.

• Marriage certificate or marriage date and place. You will copy the date and city/county of marriage onto the form. Without it, the court cannot confirm the marriage exists, and clerks will reject petitions with blank marriage data.
• Full legal names and current addresses of both spouses. The respondent’s address is required for service of process; a wrong address means the sheriff or special process server cannot deliver the summons, delaying your case 30 to 60 days.
• Each child’s full legal name, date of birth, and current address for the past five years. This is required by the UCCJEA Affidavit and is non-negotiable; omissions trigger an automatic flag from the judge.
• Social Security numbers (kept off the public record). Under Illinois Supreme Court Rule 138, full SSNs go on a separate, confidential Notice of Confidential Information Within Court Filing, never on the petition itself.
• Date of separation. Irreconcilable differences is the only ground in Illinois post-2016, and a six-month separation creates an irrebuttable presumption of irreconcilable differences under 750 ILCS 5/401(a-5).
• List of marital and non-marital property and debts. Real estate addresses, vehicle VINs, account names (last four digits only), and approximate values are needed to plead a fair property division.
• Income information for both spouses. You will use it for the Financial Affidavit and for the child-support claim under the Illinois income-shares model.
• Military status of the respondent. Required for the Affidavit as to Military Service under the federal Servicemembers Civil Relief Act; default judgments against active-duty servicemembers without this affidavit are voidable.
• Any prior court orders involving the children. Order of protection cases, paternity cases, or guardianship cases must be disclosed in the UCCJEA affidavit so the new judge can coordinate.
• Filing fee or fee-waiver paperwork. Cook County charges approximately 388 dollars to open a divorce case; bring a credit card for e-filing or a completed Application for Waiver of Court Fees if you cannot pay.

Where to Get the Form and How to Access It

The official statewide form lives on the Illinois Courts website inside the Approved Statewide Forms — Divorce / Dissolution of Marriage library. The exact title is Petition for Dissolution of Marriage (With Children) and the file name on the courts website includes the code DV-P 3902.1. Always download a fresh copy each time you start a new case so you do not work from an outdated version; the Commission on Access to Justice updates these forms regularly.

Cook County, DuPage County, Lake County, and Will County also accept the statewide form, but each circuit clerk publishes a local cover sheet and may require a county-specific case-management or appearance form alongside the petition. Cook County’s required cover sheet is the Civil Action Cover Sheet posted by the Office of the Cook County Circuit Court Clerk. DuPage County publishes its local addenda through the DuPage County Circuit Clerk forms page.

For free help completing the form, the Illinois Legal Aid Online divorce automated interview walks you through every box and produces a finished PDF you can e-file. Local self-help desks at the Cook County Domestic Relations Self-Help Desk and similar desks in other counties can review your draft for free before you file.

If you cannot use a computer, the Circuit Clerk in every Illinois county keeps blank petition packets at the front counter, but printed packets are sometimes outdated — confirm the revision date matches the current online version before writing on it.

Step-by-Step: How to Fill Out the Petition for Dissolution of Marriage (With Children) Line by Line

The form runs about 9 to 12 pages depending on revisions. Work in order from the caption down to the signature block. Print field labels exactly as they appear on the form; do not paraphrase.

Caption — Court, County, and Case Number

What it asks in plain English. The top of page 1 asks where you are filing and which judicial circuit will hear the case.

How to answer it. Write In the Circuit Court of the [Number] Judicial Circuit, then the county name in all caps. Leave the Case Number box blank — the Circuit Clerk stamps it on after filing.

Example. Janet Reyes in Chicago writes In the Circuit Court of Cook County, Illinois, County Department, Domestic Relations Division. A filer in Naperville writes In the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois.

Nuance. Each county uses slightly different caption wording; copy the exact format used by your county’s clerk on the Illinois Courts circuit court directory page so the clerk does not bounce your filing.

Common mistake and consequence. Filers fill in their own case number from a prior order of protection or paternity case. The clerk then either rejects the e-filing or, worse, files the divorce inside the wrong case, mixing dockets.

Misconception. Many filers think the caption is unimportant boilerplate. It is not — the caption establishes jurisdiction, and a wrong caption can void a default judgment.

Petitioner and Respondent Names

What it asks in plain English. The court wants to know exactly who is suing whom.

How to answer it. Print the petitioner’s full legal name on the Petitioner line and the respondent’s full legal name on the Respondent line, both in upper and lower case as they appear on each spouse’s driver’s license or passport.

Example. Janet Maria Reyes writes her name on the petitioner line and her husband Carlos Antonio Reyes on the respondent line.

Nuance. If either spouse uses a different name day-to-day, add also known as (a/k/a) and the alternate name. This prevents confusion later when the judgment is entered and the spouse tries to change their name back.

Common mistake and consequence. Filers list a nickname (Jan instead of Janet Maria). The marriage certificate then will not match court records, and the clerk may reject the certified judgment when the petitioner tries to use it for a name change at the Social Security Administration.

Misconception. Filers think middle names are optional. They are not — Illinois courts cross-check the marriage certificate, and a missing middle name can require an amendment.

Paragraph 1 — Residence of the Parties

What it asks in plain English. This paragraph proves the court has jurisdiction over you and your spouse.

How to answer it. State that the petitioner has been a resident of Illinois for at least 90 days immediately preceding the filing, then list the county. Do the same for the respondent if the respondent is also an Illinois resident; if not, state the respondent’s state of residence.

Example. Janet has lived in Cook County, Illinois, continuously since June 1, 2018. Carlos has lived in Cook County, Illinois, continuously since June 1, 2018.

Nuance. If you moved to Illinois recently, count days carefully — the 90-day clock runs to the date of judgment, not filing, so you can file early as long as 90 days will pass before the judge signs the divorce decree.

Common mistake and consequence. Filers count residency from the date they got married, not the date they moved to Illinois. The court dismisses the petition for lack of jurisdiction, and you lose the filing fee.

Misconception. Some filers believe owning property in Illinois equals residency. It does not — residency requires physical presence with intent to remain.

Paragraph 2 — Date and Place of Marriage

What it asks in plain English. When and where did you get married?

How to answer it. Enter the date in MM/DD/YYYY format, the city, and the state or country of the marriage. If the marriage was registered in Illinois, also enter the county.

Example. The parties were married on 06/14/2008, in Chicago, Cook County, Illinois, and the marriage was registered in Cook County, Illinois.

Nuance. If you were married outside the United States, list the country and the city; do not translate foreign place names. Attach a certified translation of the marriage certificate as an exhibit if the original is not in English.

Common mistake and consequence. Filers guess at the date because they cannot find the marriage certificate. A wrong date that contradicts the certificate later forces an amended petition and a delay.

Misconception. Filers believe a religious-only ceremony counts. It does not unless the officiant was authorized under 750 ILCS 5/209 and the marriage was registered with the county clerk.

Paragraph 3 — Children of the Marriage

What it asks in plain English. List every child born to or adopted by the parties during the marriage, plus any child born before the marriage that the parties acknowledged.

How to answer it. For each child, list full legal name, date of birth, and current age. Mark whether the petitioner is currently pregnant (the form has a yes/no box).

Example. Sofia Reyes, born 03/22/2014, age 12. Mateo Reyes, born 09/05/2017, age 8.

Nuance. Include adopted children and children born to the marriage even if paternity is contested; the petition can later be amended once paternity is resolved through the Illinois Parentage Act of 2015.

Common mistake and consequence. Filers leave off a child from a prior relationship who lives with the couple. If that child is not legally a child of the marriage, including them is wrong — but failing to disclose support obligations for that child in the financial affidavit can skew child support.

Misconception. Stepchildren must be listed here. They should not — only children of the marriage go in paragraph 3.

Paragraph 4 — Grounds for Dissolution

What it asks in plain English. Why are you asking for the divorce?

How to answer it. Check the box for irreconcilable differences. State that irreconcilable differences have caused the irretrievable breakdown of the marriage, that past efforts at reconciliation have failed, and that future attempts would be impracticable and not in the family’s best interests. If the parties have lived separate and apart for a continuous period of six months or more, state that and check the corresponding box; this triggers the irrebuttable presumption under 750 ILCS 5/401(a-5).

Example. Irreconcilable differences have caused the irretrievable breakdown of the marriage. The parties have lived separate and apart for a continuous period in excess of six months, immediately preceding the entry of judgment.

Nuance. “Separate and apart” does not require physically separate homes — Illinois courts have long held that spouses can live separate and apart under the same roof if they no longer share a marital relationship.

Common mistake and consequence. Filers plead old fault grounds like mental cruelty or adultery. Those grounds were repealed effective January 1, 2016; pleading them voids the petition.

Misconception. You do not have to wait six months to file — you can file immediately and let the six-month clock run during the case.

Paragraph 5 — UCCJEA Information (Children’s Residence)

What it asks in plain English. Where have the children lived for the last five years?

How to answer it. For each child, list every address where the child has lived in the past five years, the dates at each address, and the name and current address of the person the child lived with. Most petitioners attach the separate UCCJEA Affidavit form rather than squeezing the data into the petition itself.

Example. Sofia Reyes lived with both parents at 1234 W. Belmont Ave., Chicago, IL 60657, from 03/22/2014 to present.

Nuance. If a child lived in another state during the past six months, that state — not Illinois — may be the home state under the UCCJEA, and Illinois may have to decline jurisdiction.

Common mistake and consequence. Filers list only the current address. The court cannot confirm Illinois jurisdiction and may set a status hearing or dismiss the children’s claims.

Misconception. The UCCJEA only matters if there is a custody dispute. It applies to every case with children, even agreed cases.

Paragraph 6 — Property of the Parties

What it asks in plain English. What do you own and owe?

How to answer it. State that the parties have acquired marital property and debts during the marriage, then either list the property generally (real estate, vehicles, retirement accounts, bank accounts, personal property, debts) or attach an exhibit. Do not list account numbers — only names of institutions and last four digits.

Example. The parties own a marital residence at 1234 W. Belmont Ave., Chicago, IL, two vehicles (a 2020 Honda Odyssey and a 2018 Toyota Camry), retirement accounts in each party’s name, and joint credit-card debt.

Nuance. Non-marital property (assets owned before the marriage, gifts, inheritances) should be flagged separately under 750 ILCS 5/503.

Common mistake and consequence. Filers omit retirement accounts because they think they are non-marital. Contributions during the marriage are marital — omission can be treated as fraud and reopened years later.

Misconception. Filers think property listed in the petition is final. It is not — the petition only pleads property; division happens at judgment.

Paragraph 7 — Maintenance (Spousal Support)

What it asks in plain English. Are you asking for spousal support?

How to answer it. Check whether the petitioner seeks maintenance, reserves maintenance, or waives maintenance. If seeking, state the basis under 750 ILCS 5/504.

Example. Petitioner requests that the Court award maintenance pursuant to 750 ILCS 5/504.

Nuance. Reserving maintenance preserves the right to seek it later if circumstances change; waiving it forecloses it forever — once waived, it cannot be revived.

Common mistake and consequence. Filers waive maintenance to “speed things up,” then lose income unexpectedly post-divorce and cannot reopen.

Misconception. Maintenance is automatic in long marriages. It is not — the judge weighs the statutory factors.

Paragraph 8 — Allocation of Parental Responsibilities and Parenting Time

What it asks in plain English. What do you want for decision-making and parenting time?

How to answer it. State that the petitioner asks the court to allocate significant decision-making responsibilities (education, health, religion, extracurricular activities) and parenting time in the children’s best interests under 750 ILCS 5/602.5 and 750 ILCS 5/602.7. You must file a proposed Parenting Plan within 120 days of service under 750 ILCS 5/602.10.

Example. Petitioner requests that the Court allocate significant decision-making responsibilities and parenting time in the best interests of the children, Sofia and Mateo Reyes.

Nuance. Illinois replaced “custody” and “visitation” with “allocation of parental responsibilities” and “parenting time” in 2016 — using old terms in your petition makes the filing look out of date.

Common mistake and consequence. Filers ask for “sole custody.” That language no longer exists; judges may treat the petition as ambiguous.

Misconception. Mothers automatically get majority parenting time. They do not — Illinois law is gender neutral.

Paragraph 9 — Child Support

What it asks in plain English. Are you asking the court to set child support?

How to answer it. State that the petitioner requests the court to set child support under the income-shares model in 750 ILCS 5/505, retroactive to the date of filing or service.

Example. Petitioner requests that the Court order child support pursuant to 750 ILCS 5/505, retroactive to the date of filing.

Nuance. Health insurance, uninsured medical expenses, and child-care costs are addressed separately and should be requested in this paragraph as well.

Common mistake and consequence. Filers forget to request retroactivity. Support then runs only from the date of order, costing months of support.

Misconception. Child support always equals 20 percent of the payor’s net. Illinois switched to the income-shares model on July 1, 2017.

Paragraph 10 — College and Educational Expenses (Section 513)

What it asks in plain English. Do you want the court to reserve the right to order contributions to college expenses?

How to answer it. Request that the court reserve jurisdiction to allocate non-minor educational expenses under 750 ILCS 5/513.

Example. Petitioner requests that the Court reserve jurisdiction to allocate the educational expenses of the children pursuant to 750 ILCS 5/513.

Nuance. Section 513 lets the court order divorced parents to contribute to college, something married parents cannot be forced to do; reservation must be in the judgment to preserve the right.

Common mistake and consequence. Filers forget to reserve. Once the judgment is final without reservation, the right is gone.

Misconception. Section 513 covers any college. It is capped at the cost of in-state tuition at the University of Illinois at Urbana-Champaign.

Paragraph 11 — Attorney’s Fees

What it asks in plain English. Do you want the other spouse to contribute to your attorney’s fees?

How to answer it. Request contribution under 750 ILCS 5/501(c-1) for interim fees and 750 ILCS 5/508 for final fees, if there is a financial disparity.

Example. Petitioner requests that the Court order Respondent to contribute to Petitioner’s attorney’s fees pursuant to 750 ILCS 5/501(c-1) and 5/508.

Nuance. Even pro se filers should ask for fees in case they hire a lawyer mid-case; the request preserves the right.

Common mistake and consequence. Filers omit the request. The court cannot award what is not pleaded.

Misconception. Fee contributions are punitive. They are not — they level the playing field.

Prayer for Relief (Wherefore Clause)

What it asks in plain English. Tell the court exactly what you want it to do.

How to answer it. List each item of relief in lettered subparagraphs (A, B, C…): dissolve the marriage, allocate parental responsibilities, set parenting time, order child support, divide marital property and debts, address maintenance, restore the petitioner’s former name if desired, and grant such other relief as the court deems just.

Example. WHEREFORE, Petitioner Janet Maria Reyes prays that this Court: (A) dissolve the parties’ marriage; (B) allocate parental responsibilities; (C) set parenting time; (D) order child support; (E) equitably divide marital property and debts; (F) reserve maintenance; (G) restore Petitioner’s former name of Janet Maria Vega; and (H) grant such other relief as is just and equitable.

Nuance. The name-restoration request must be in the petition; courts will not restore a name not requested.

Common mistake and consequence. Filers forget the name-restoration request and have to file a separate name-change case later.

Misconception. “Such other relief as is just” covers everything. Specific relief must be specifically requested.

Verification and Signature

What it asks in plain English. Sign under penalty of perjury that the facts are true.

How to answer it. Print and sign the petitioner’s name, date, and add the verification language under 735 ILCS 5/1-109: Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct…

Example. Janet Maria Reyes signs and dates 05/21/2026.

Nuance. E-filings use a typed /s/ Janet Maria Reyes signature block; the original handwritten signature stays in the filer’s records.

Common mistake and consequence. Filers leave off the 1-109 verification. The clerk rejects the filing.

Misconception. A notary is required. It is not — Section 1-109 verification replaces a notary in Illinois civil pleadings.

Three Filled-Out Examples Using Real Scenarios

Scenario 1 — Janet Reyes, Long Marriage with House and Two Kids (Cook County)

Form Section	What Janet Enters
Caption	Circuit Court of Cook County, Illinois, County Department, Domestic Relations Division
Petitioner / Respondent	Janet Maria Reyes / Carlos Antonio Reyes
Residence	Both parties lived in Cook County since 06/01/2018
Marriage	06/14/2008, Chicago, Cook County, Illinois
Children	Sofia Reyes (03/22/2014), Mateo Reyes (09/05/2017)
Grounds	Irreconcilable differences; six-month separation alleged
Property	Marital home on Belmont, two vehicles, two 401(k)s, joint credit-card debt
Maintenance	Reserved
Relief	Dissolution, allocation, child support, equitable division, restore name to Vega

Scenario 2 — Marcus Lee, Short Marriage, One Toddler, No Real Estate (DuPage County)

Form Section	What Marcus Enters
Caption	Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois
Petitioner / Respondent	Marcus James Lee / Priya Anjali Lee
Residence	Both parties in DuPage County since 01/15/2023
Marriage	09/12/2022, Naperville, DuPage County, Illinois
Children	Liam Lee (07/04/2023)
Grounds	Irreconcilable differences; separated 11/01/2025
Property	Two vehicles, modest savings, student-loan debt
Maintenance	Waived by Petitioner
Relief	Dissolution, allocation, parenting time, child support per income-shares

Scenario 3 — Aisha Bennett, Military Spouse Stationed Abroad (Will County)

Form Section	What Aisha Enters
Caption	Circuit Court of the Twelfth Judicial Circuit, Will County, Illinois
Petitioner / Respondent	Aisha Renee Bennett / Sergeant David Paul Bennett
Residence	Petitioner in Will County since 02/01/2019; Respondent stationed at Ramstein AB, Germany
Marriage	11/22/2014, Joliet, Will County, Illinois
Children	Noah Bennett (05/10/2016), Zoe Bennett (08/14/2019)
Grounds	Irreconcilable differences; separated 18 months
Property	Marital home in Joliet, military pension (marital portion), joint savings
Maintenance	Reserved pending SCRA analysis
Relief	Dissolution, allocation, parenting time, child support, division of military pension under USFSPA

Aisha must also file the Affidavit as to Military Service and obtain a stay or waiver under the Servicemembers Civil Relief Act before any default can be entered against Sergeant Bennett.

How to File the Completed Form

Illinois requires e-filing for nearly all civil cases under Illinois Supreme Court e-filing mandate. Self-represented filers can opt out only with leave of court or for good cause.

• E-file through eFileIL. Create a free account on the eFileIL Odyssey portal, select your county, choose case category Family, case type Dissolution with Children, upload the petition as the lead document, upload Summons, UCCJEA Affidavit, Appearance, Affidavit as to Military Service, and proposed Parenting Plan as supporting documents, and pay by credit card or e-check. Cook County’s filing fee is approximately 388 dollars; expect a clerk review within 1 to 3 business days. Save the Notification of Acceptance email — it is your proof of filing.
• In person at the Circuit Clerk. Bring the original petition plus two copies, your filing fee in cash, money order, or card (county-dependent), and ask the clerk to file-stamp your copies. Hand-filing is allowed only if the court grants an exemption from e-filing; use the Certification for Exemption from E-Filing form to request one.
• By mail. Some counties accept mailed paper filings with an exemption; mail the petition, copies, fee, and a self-addressed stamped envelope to the Circuit Clerk’s address listed on the Illinois Courts circuit court directory. Processing time runs 5 to 10 business days.
• Fee waiver. File the Application for Waiver of Court Fees with the petition; if you receive SNAP, TANF, SSI, Medicaid, or are below 125 percent of the federal poverty line, you qualify automatically.

After filing, you must serve the respondent. Personal service through the county Sheriff costs about 60 dollars in Cook County, or you can hire a special process server appointed by the court.

What Happens After You File

Once the clerk accepts the e-filing, the case is assigned a case number (a Cook County divorce number begins with the year and “D”), and the Summons is issued for the sheriff or special process server to deliver to the respondent. The respondent has 30 days from service to file an Appearance and a Response under Illinois Supreme Court Rule 181.

Within 90 days of service, both parties must file a Financial Affidavit under Illinois Supreme Court Rule 13.3.1 using either the Comprehensive or Family & Divorce form. Within 120 days of service, both parties must file proposed Parenting Plans under 750 ILCS 5/602.10. Allocation must be entered within 18 months of service under Illinois Supreme Court Rule 922.

The court may set an early case-management conference, and many counties require parents to attend a court-approved parenting education class before judgment. Uncontested divorces with children typically conclude in 4 to 8 months; contested cases run 12 to 24 months.

If both parties reach agreement, they sign a Marital Settlement Agreement, an Allocation Judgment and Parenting Plan, and present a Judgment for Dissolution of Marriage to the judge in a brief prove-up hearing.

Mistakes to Avoid When Filling Out the Form

• Pleading repealed fault grounds. Listing adultery or mental cruelty voids the petition under the post-2016 statute.
• Putting Social Security numbers on the petition. Violates Rule 138 and forces a re-file with redactions.
• Using “custody” and “visitation.” Outdated terms confuse the court and may require an amended petition.
• Forgetting the UCCJEA Affidavit. Without it, the court cannot confirm jurisdiction over the children.
• Missing the residency math. Filing before 90 days of Illinois residency leads to dismissal.
• Skipping the verification under 735 ILCS 5/1-109. The clerk rejects unverified pleadings.
• Omitting retirement accounts from property. Treated as fraud later and reopens the judgment.
• Forgetting to reserve Section 513 college expenses. Right is lost permanently once judgment is final.
• Waiving maintenance instead of reserving. Cannot be revived later if circumstances change.
• Not requesting name restoration. Forces a separate, fee-bearing name-change case post-judgment.
• Listing stepchildren in paragraph 3. Only children of the marriage belong there.
• Filing without the Affidavit as to Military Service. Default judgments without it are voidable.

Do’s and Don’ts

Do:

• Do download the latest statewide form fresh from the Illinois Courts forms library each time, because revisions happen often.
• Do keep Social Security numbers and full account numbers on the separate Notice of Confidential Information, because Rule 138 requires it.
• Do serve the respondent within 30 days of issuance to avoid an alias summons fee.
• Do attach a complete UCCJEA Affidavit, because the court must confirm child jurisdiction before doing anything else.
• Do save the e-filing acceptance email, because it is your only proof of filing date for statute-of-limitations purposes.
• Do request a fee waiver if eligible, because the court fee waiver saves up to 388 dollars.

Don’t:

• Don’t use old “custody” or “visitation” language, because Illinois replaced those terms in 2016.
• Don’t leave the case number blank only to write one in later, because the clerk assigns it.
• Don’t hide assets in the property paragraph, because omissions are grounds to reopen the judgment for fraud.
• Don’t sign without the Section 1-109 verification, because the clerk will reject it.
• Don’t file in Illinois if your children’s home state under the UCCJEA is elsewhere, because the case will be dismissed.
• Don’t send the original petition by regular mail without tracking, because lost filings restart the clock.

Pros and Cons of Filing on Your Own vs. With Help

Pros of filing pro se:

• Saves attorney fees that average 11,000 to 20,000 dollars per spouse in contested Illinois divorces.
• Free help is available through the Illinois Legal Aid Online automated divorce interview.
• Self-help desks in most counties review pro se filings before submission.
• Faster control over scheduling because you do not wait for an attorney’s calendar.
• Forces both spouses to communicate directly, which can speed agreement.

Cons of filing pro se:

• Easy to miss procedural traps like the 120-day Parenting Plan deadline.
• Property and retirement division is technical and easily mishandled without QDRO knowledge.
• Judges hold pro se filers to the same standard as lawyers under Illinois case law.
• Mistakes in the petition can cost you maintenance, college contribution, or retroactive support.
• Emotional cases (domestic violence, hidden assets) almost always need counsel.

FAQs

Do I write my maiden name or my married name in the Petitioner box?

Use your current legal name — the name on your driver’s license today. Add your maiden name in the prayer for relief if you want it restored under 750 ILCS 5/413(b).

Yes or no — can I file in Illinois if I just moved here last month?

Yes, you can file, but the judge cannot enter judgment until 90 days of Illinois residency have passed under 750 ILCS 5/401(a).

Yes or no — do I have to list my Social Security number on the petition?

No. Rule 138 requires SSNs to be filed only on a separate confidential Notice of Confidential Information, never on the petition itself.

Yes or no — must I allege a six-month separation?

No, but if you do not, your spouse can contest irreconcilable differences. With six months apart, the presumption is irrebuttable.

Yes or no — do I list my stepchild in paragraph 3?

No. Only children of the marriage (biological or legally adopted by both spouses) go in the children paragraph.

Yes or no — can I still ask for “sole custody”?

No. Illinois replaced custody with allocation of parental responsibilities and parenting time effective January 1, 2016.

Yes or no — can I waive maintenance to make this faster?

Yes, you can, but waiver is permanent. Reserving maintenance preserves the right to seek it later if your finances change.

Yes or no — do I need a notary on the petition?

No. A Section 1-109 verification under 735 ILCS 5/1-109 replaces notarization in Illinois civil pleadings.

Yes or no — must my spouse be served by the sheriff?

No. A court-appointed special process server, or in some cases waiver of service signed by the respondent, also works under Illinois Supreme Court Rule 102.

Yes or no — can I file if my spouse lives in another state?

Yes, as long as you meet Illinois residency. Personal jurisdiction over the spouse comes through service or minimum contacts under 735 ILCS 5/2-209.

Yes or no — do I have to file a Parenting Plan with the petition?

No, but you must file a proposed Parenting Plan within 120 days of service under 750 ILCS 5/602.10, or risk court sanctions.

Yes or no — can I get my filing fee waived?

Yes, if you receive SNAP, TANF, SSI, or Medicaid, or your income is below 125 percent of the federal poverty line, the Application for Waiver of Court Fees grants automatic approval.

Yes or no — does filing freeze our joint accounts?

Yes, in Cook County, Local Rule 13.4 imposes automatic financial restraints once a divorce is filed, barring extraordinary transfers without consent or court order.

Yes or no — can I e-file the petition myself?

Yes. The eFileIL Odyssey portal is free to use; you only pay the statutory filing fee plus a small e-filing service charge.