Serving divorce papers in Illinois

How papers are served in Illinois

• Your spouse must be formally notified: served with the summons and petition by the sheriff or a special process server, or your spouse can file an Appearance and waive service.
• If your spouse can't be found, the court may allow notice by publication.

Law: 735 ILCS 5/2-203; Ill. S. Ct. Rule 101(d)

Deadline to respond and default

If you were served, you have 30 days to file an Appearance and an Answer or Response; after that the spouse who filed can ask for a default (Illinois Supreme Court divorce instructions).

Serving your spouse in Illinois, step by step

1. File your papers first

   File with the Circuit Court in the county where you or your spouse live. Service comes after filing.

2. Serve the papers

   If your spouse can't be found, the court may allow notice by publication.

3. Or have your spouse sign

   Your spouse must be formally notified: served with the summons and petition by the sheriff or a special process server, or your spouse can file an Appearance and waive service.

4. File proof of service

   File the proof of service with the court.

5. Watch the deadline

   If you were served, you have 30 days to file an Appearance and an Answer or Response; after that the spouse who filed can ask for a default (Illinois Supreme Court divorce instructions).

6. If there is no response

   If you were served, you have 30 days to file an Appearance and an Answer or Response; after that the spouse who filed can ask for a default (Illinois Supreme Court divorce instructions).

Questions about serving divorce papers in Illinois

More about divorce in Illinois

• All Illinois divorce laws
• Uncontested divorce in Illinois
• Illinois divorce forms and filing fees
• Alimony in Illinois
• Child custody and support in Illinois
• Divorce timeline estimator for Illinois
• Divorce checklist for Illinois
• Served with divorce papers: what to do
• Timeline estimator

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