Served with divorce papers in Illinois

General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.

How long do I have to respond to divorce papers in Illinois?

Usually 30 days. An Illinois divorce summons requires you to file an Appearance, and your answer or response, within 30 days after you were served, not counting the day of service (Supreme Court Rule 101(d)). The 30 days run from the day the summons was handed to you, or left with someone the law allows, not from the day any copy was mailed (Rule 181(a)).

Sometimes a spouse starts the case with only a summons and files the petition later. Then you still appear within 30 days of being served, and you respond to the petition within 30 days after it is filed (750 ILCS 5/411). The time stated on your summons is the one that counts. Count from the day you were served, not counting that day, and write the last day on the first page.

What happens if I do nothing?

Every Illinois summons carries the same warning: if you do not file an Appearance and an Answer or Response on time, "the court may decide the case without hearing from you, and you could be held in default and lose the case" (Rule 101(a)). In a divorce, the case decides the children, support, maintenance and property (750 ILCS 5/401). You do not want those settled without you.

Filing is done electronically, through an e-filing service provider. If you cannot e-file, you can ask for an exemption to file in person or by mail, and if you cannot pay the filing fee, you can apply for a fee waiver (Rule 101(a)). In Rockford, the Winnebago County Courthouse at 400 W. State St has a Law Library and Self Help Center (17th Judicial Circuit).

Am I under any orders already?

Yes. The moment the summons is served, an automatic order called a dissolution action stay binds both of you. Neither spouse may physically abuse, harass, intimidate, strike or interfere with the personal liberty of the other or of the children, and neither may conceal a child from the other parent (750 ILCS 5/501.1). The notice on the summons warns that breaking it can be punished as contempt of court (Rule 101(e)).

The stay does not replace an order of protection under the Illinois Domestic Violence Act (501.1). If you are in danger, call 911. The Winnebago County Courthouse also houses a Domestic Violence Assistance Center (17th Judicial Circuit).

What are temporary orders?

Orders that hold things in place while the case runs. Either spouse can ask the judge for temporary child support or temporary maintenance. That request comes with a financial affidavit on the one statewide form, backed by tax returns, pay stubs and bank statements, and a spouse who files an inaccurate or misleading one on purpose or recklessly faces "significant penalties and sanctions" (750 ILCS 5/501).

A spouse can also ask the court to stop the other from transferring, hiding or disposing of property, except in the usual course of business or for the necessities of life, and to bar either parent from removing a child from the court's jurisdiction for more than 14 days (501). If one spouse controls the money, the court can order interim attorney's fees so both sides can take part in the case (501).

Exclusive use of the home is narrower than most people expect. The court can grant it only where living together puts the physical or mental well-being of a spouse or the children in danger, and normally only after notice and a full hearing (501).

If you are served with a motion for temporary relief, you may file a response within 21 days after the notice of motion is served, or by the time a restraining order sets (501). If the notice gives a court date, go on that date even if your 21 days have not run out. A temporary order does not decide the final outcome, and it ends at the final judgment or if the case is dismissed (501).

What happens with the children while the case is pending?

The court can make a temporary allocation of parental responsibilities in the children's best interests, after a hearing or on a parenting plan neither parent objects to (750 ILCS 5/603.5).

Expect two more steps. Every judicial circuit, the 17th included, must run a mediation program for disputes over parenting time and decision-making, and in a divorce those disputes are referred to mediation unless the court finds an impediment to it, such as family violence (Rule 905). Both parents must also finish an approved parenting class of at least four hours, no later than 60 days after the first case management conference, unless the court excuses it (Rule 924).

What should I not do once I am served?

Do not move the children away or keep them from the other parent. Concealing a child is barred by the stay. A move far enough to count as a relocation needs written notice to the other parent, filed with the clerk, and then either their signature on that notice or the court's permission (750 ILCS 5/609.2); while the case is pending, any relocation the court allows is temporary (603.5). The Family law page gives the distances.

Do not hide money, move it or spend it beyond your normal bills. When the judge divides property, one of the factors is "the dissipation by each party of the marital property" (750 ILCS 5/503). Keep your statements. Keep paying what you have always paid until you have advice.

Do not post about the case, your spouse or a new partner. Assume your spouse's lawyer will read every word, and that the judge may too.

Do not sign anything your spouse or your spouse's lawyer sends you before your own lawyer reads it.

Can my spouse's lawyer advise me?

No. A lawyer dealing with someone who has no lawyer, whose interests may conflict with the lawyer's client, may not give that person legal advice beyond advising them to get a lawyer (Rule of Professional Conduct 4.3). That lawyer can explain the terms your spouse wants and hand you papers to sign. Your interests are yours to protect.

For the whole shape of a divorce from here to the end, read What to expect in your divorce.

When to call Rick

Call Rick as soon as you are served, while most of the 30 days are still ahead of you. Bring the summons, the petition and everything that came with them. See Family law or call (815) 986-1569.