Iris Y. Martinez
Clerk of the Circuit Court
of Cook County
A Guide
To The
Domestic
Relations
Division
Frequently Asked Questions
What are the lings fees for a new case?
The regular fee for ling all cases in the Division is $388.00. Fees are
waived for ling a Petition for Order of Protection. Please ask to see our
Fee Schedule for a complete list of statutory fees.
Is it necessary to hire an Attorney when ling a case in the Domestic
Relations Division?
It’s your decision. If you proceed pro se (acting as your own lawyer), the
Clerk’s Ofce will provide some forms for you, but you will have to draft
the petition yourself. The Clerk’s Ofce can also provide some sample
forms for you to review or, if it is an order of protection case, special clerks will assist you in lling out your forms. If you want
to obtain legal advice, legal assistance is available from C.A.R.P.L.S. on the Concourse Level (CL16) of the Daley Center for
free or a nominal fee, depending on your income level. Hours are Monday through Friday, 9:00 a.m. to 1:00 p.m. The Legal Aid
Hotline at (312) 738-9200 is available on Mon., Tues., Thurs. and Fri. from 9:00 a.m. to 4:30 p.m. and on Wed. from 9:30 a.m. to
7:30 p.m. Please note that C.A.R.P.L.S is not providing any in-person legal assistance during the COVID Pandemic.
What does it mean to have an uncontested versus a contested divorce?
In an uncontested divorce, both sides agree on the divorce, division of marital property, and child custody and visitation
issues. In a contested divorce, the parties disagree about one or more of these areas.
What documents are required to le an uncontested divorce?
You need a State Certicate of Dissolution and Invalidity of Marriage, a Domestic Relations Division cover sheet, a
Certication and Agreement by Counsel certifying that there are no contested issues
Afdavit, and a Waiver of Two-Year Waiting Period. These four forms are available at the Clerk’s Ofce. You must also self-
draft a Petition for Dissolution of Marriage. To obtain a court date, the respondent must le their appearance. All forms, other
than the state certicate and self-drafted forms, are available online at www.cookcountyclerkofcourt.org.
What documents are required to le a contested divorce?
You need a State Certicate of Dissolution & Invalidity of Marriage, a Domestic Relations Division cover sheet, and a
Summons. These three forms are available at the Clerk’s Ofce. You must also self-draft a Petition for Dissolution of Marriage.
What is a Civil Order of Protection?
A Civil Order of Protection is a court order signed by a Judge to protect a petitioner (the person who is seeking the relief)
from the respondent (the person who allegedly hurt the petitioner). It can only be led against certain persons with whom
you have a special relationship: people who are married or formerly married; people who are related, like parents, children,
and siblings; people who live together or formerly lived together; people who are dating or formerly dated; people who are
engaged or formerly engaged; and people with disabilities, against their caregivers.
A minor child can be a protected person under an Order of Protection if an adult makes this request. If you have a
pending Domestic Relations case, your Order of Protection case will be assigned the same case number and Judge as
your existing case. You can le for a criminal Order of Protection if you sign a criminal complaint against the respondent.
The State’s Attorney’s Ofce will represent you in court.
How are the police notied of an Order of Protection?
On the same day the Order of Protection is issued, the Sheriff’s Ofce enters the information from the Order onto the Law
Enforcement Automated Data System (L.E.A.D.S.). You will also be given a certied copy of your Order of Protection. The
Clerk’s Ofce can notify the schools, universities, or day care of children protected under the Order. If needed, ask for and ll
out a “Notice to Schools” form.
Where can I le for an Order of Protection?
Independent Civil Order of Protection and Criminal Order of Protection cases may be led at the Domestic Violence Court,
555 W. Harrison Ave., Chicago, IL 60606, (312) 325-9500.
The following types of cases are heard
in the Domestic Relations Division:
• Dissolution of Marriage (Divorce)
• Invalidity of Marriage
• Allocation of Parental
Responsibilities
• Civil Orders of Protection
• Parenting Time
• Legal Separation
www.cookcountyclerkofcourt.org
CookCountyClerkofCourt
This handout is not a substitute for professional legal advice.
Frequently Asked Questions Continued
How do I le for Joint Simplied Dissolution of Marriage?
You must meet the following requirements:
• The duration of the marriage must not exceed eight years;
• There are irreconcilable differences, the parties have been separated six months or more, and
efforts at reconciliation have failed or future attempts would be impracticable and not in the best
interests of the family;
• There are no children and the wife is not pregnant;
• Neither party is dependent on the other for support;
• Each party waives the right to spousal support;
• Neither party has an interest in real estate;
• The total fair market value of all marital property, after deducting all debts owed, is less than $10,000;
• The total annual income of both parties is less than $35,000 and neither party has a gross annual
income from all sources in excess of $20,000;
• Both parties have disclosed to each other all assets and tax returns for all years of the marriage; and
• The parties have executed a written agreement dividing all assets in excess of $100.00 in value and
allocating responsibility for debts and liabilities between themselves.
The Clerk’s Ofce will provide you with the necessary forms. You and your spouse must both be present to le the case in
Room 802 of the Daley Center prior to 2:00 p.m. for a judge to hear your case on the same day. Both parties must present
valid photo identication.
What do I do with the Summons?
If the respondent resides in Cook County, take the completed Summons and a copy of the Petition to the Sheriff’s Ofce
in Room 701 of the Daley Center, the phone number is (312) 603-6435. Please ask the Sheriff’s Ofce about fees for serving
Summons. If the respondent does not reside in Cook County, you must contact the Sheriff’s Ofce in the respondent’s
county, submit the summons to them and request that they send an afdavit of service to: Clerk of the Circuit Court of Cook
County, Richard J. Daley Center, 50 W. Washington Street, Room 802, Chicago, IL 60602.
When do I need an Alias Summons?
If the Sheriff is unable to complete service of the original Summons, you will need to obtain an Alias Summons from the
Clerk’s Ofce. The fee for an Alias Summons is $6.00. Deliver the Alias Summons to the Cook County Sheriff or the local police
agency in the recipient’s county so that they may attempt service again. Please ask the Sheriff’s Ofce about fees for serving
Alias Summons.
How can I get a certied copy of my Cook County divorce decree?
Come to Room 802 of the Daley Center or call (312) 603-6300, or go to the suburban courthouse where your case was heard. If
the case was led before 1987, please contact the Archives Department in Room 1113 of the Daley Center or call (312) 603-6601.
Can I review my le?
Yes, in either Room 802 of the Daley Center or the suburban courthouse where your case was heard. If your case was led
within the last four years, your le is on-site. Otherwise, we will order it for you from the Record Center. Files may be reviewed
with a valid photo I.D. card. You are not allowed to remove the original le from the Division.
Where do I go to apply for child support?
All child support matters can be addressed in the Domestic Relations Division at 50 W. Washington, Room 802,
Chicago, IL 60602 or (312) 603-6300.
How can I see the Judge regarding an issue in my case?
Fill out a Notice of Motion form and a Motion form describing the relief you request. Set up a court date at the motion
counter, le the documents and mail them to the opposing side of your case. The Clerk’s Ofce does not set emergency
motions. It is advisable to contact the coordinator or court clerk who works with the Judge to whom your case is assigned to
determine how the Judge handles emergencies.
Is there Domestic Relations case information on the website?
Yes, by inputting a case number on the Clerk’s website, you can review the full electronic docket for your case. The website
also gives you access to llable court forms and community resources, along with other useful information.
www.cookcountyclerkofcourt.org
CookCountyClerkofCourt
This handout is not a substitute for professional legal advice.
Ofce of the Clerk of the Circuit Court of Cook County
Criminal Division
Criminal Courts Building
2650 South California Ave., Room 526
Chicago, IL 60608
(773) 674-3140
domesticreldivservices@cookcountycourt.com
Hours:
8:30 a.m. to 4:30 p.m.
Monday through Friday
Excluding Court Holidays
