Cook County
Cook County Divorce Lawyer
Divorce, parenting, and support cases at the Daley Center and the suburban districts, handled by West Loop attorneys who are there every week.
How a divorce case moves through the Cook County courthouse
Most Cook County divorces are heard in the Domestic Relations Division at the Richard J. Daley Center, 50 W. Washington Street, a few blocks from our West Loop office. If at least one spouse lives within a suburban municipal district, the case can be filed in that district (Skokie, Rolling Meadows, Maywood, Bridgeview, or Markham) instead, and either party can move it downtown after the respondent appears. We file downtown: the Daley Center is a short walk from our office, and it is where we are every week. Cook County is the largest domestic relations court in the state, and it runs on its own set of rules, Part 13 of the Circuit Court rules, that govern financial disclosure, parenting classes, mediation, and how long a case can sit without moving.
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Your case is assigned to a judge when it is filed, and you keep that judge through judgment. Unlike Will County, the assignment has nothing to do with your last name or whether you have an attorney. Unlike DuPage, filing the petition does not put the case on the calendar; you do not get a court date until someone files something after the petition, which is why an early motion or a request for a case management date is often the first strategic move.
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Under Rule 13.3.1, the petitioner must serve a Financial Affidavit within 30 days after service of the petition, and the respondent within 30 days after filing an appearance. The affidavit, with its supporting documents, is the foundation of every financial decision in the case, and Cook County judges will not hear a temporary support or maintenance motion without one.
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Rule 13.4(h) puts a clock on every case: it must be called for a status report no later than six months after filing, and a petitioner who fails to answer the status call risks dismissal. In practice, the assigned judge sets status dates more often than that, but the six-month rule is why a case that is “just sitting” in Cook County is a problem.
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Temporary relief, such as temporary maintenance, child support, exclusive possession, or interim attorney fees, is requested by motion on the assigned judge’s motion call. Cook County is also more willing than the collar counties to enter agreed orders without an appearance: many can be emailed to the judge’s coordinator and entered on the papers. As a general rule, status dates and prove-ups are held by Zoom and motions and trials are in person, but there is no written rule; it varies by judge, and knowing which judge does what is part of practicing at the Daley Center. Emergency matters have their own procedure, which we cover on our emergency motions page.
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The Circuit Clerk’s fee to file a Petition for Dissolution of Marriage in Cook County is currently $402.25, and the respondent’s appearance fee is $259.25. A petition for allocation of parental responsibilities in a parentage case is $397.25. There is no fee to file a motion to modify or enforce a support order, and never a fee to file for an order of protection. Fee waivers are available for spouses who qualify. These are the clerk’s charges only; attorney fees depend on what is actually in dispute in your case.
Finishing an uncontested divorce at the Daley Center
When both spouses have attorneys, Cook County allows the prove-up to be done by affidavit, so an agreed case can be finished without anyone appearing. When one or both spouses are unrepresented, the prove-up is a short hearing by Zoom on the assigned judge’s calendar. Either way the judge needs the full package, and our post on prove-up by affidavit in Cook County and our uncontested divorce page walk through the details. The Illinois child support calculator and spousal maintenance calculator use the same formulas the Daley Center judges apply.
The Judgment for Dissolution of Marriage
The Marital Settlement Agreement
The Allocation Judgment and parenting plan, if there are children
The child support calculation on the guideline worksheet
Parenting class certificates for both parents
A Uniform Order for Support, if child support or maintenance is ordered
The Certificate of Dissolution form for state vital records
Parenting classes and mediation in Cook County
Parents of minor children in a Cook County divorce or parentage case must complete a parenting education program. Rule 13.4(f) requires it to be completed before mediation begins unless the court excuses it for good cause. Most judges accept the online Children in Between course; some require the court’s in-person Focus on Children class at the Daley Center, run by Family Court Services, which costs $50 per parent and can be waived by the judge. Ask before you sign up, and keep the certificate.
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Rule 13.4(e) makes mediation mandatory for the initial allocation of parental responsibilities, modifications, relocation, and non-parent visitation, unless an impediment such as domestic violence exists. The first session must be held within 35 days after the mediation order. Mediation through the Center for Conflict Resolution is free, and you can usually be scheduled and finished within 60 days; the judge typically sets the next court date 60 days out for that reason. Private mediators from the court’s list are also an option.
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If mediation fails, the court may appoint a child representative or guardian ad litem, and the case proceeds to pre-trial and, if necessary, hearing.
What to expect
Contested cases, pre-trial, and trial
Cook County contested cases go through discovery, often a pre-trial conference at which the judge gives a settlement recommendation, and then trial before the assigned judge. Trial dates at the Daley Center are set well in advance, which is one reason most contested Cook County cases settle at or after pre-trial. Cases where the State is involved because a parent receives public benefits are handled with the State’s Attorney’s child support enforcement attorneys on a separate calendar, which changes the pace.
What is different about Cook County
Cook County is bigger than DuPage and Will, with more judges, more calendars, and more distance between court dates. The rules are strict about the Financial Affidavit and the six-month status call, and Zoom versus in-person practice varies judge by judge with nothing written down.
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The advantage is depth: free mediation through the Center for Conflict Resolution, evaluation resources the collar counties do not have, and for an agreed case with two attorneys, a prove-up by affidavit that means no court appearance at all.
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We serve Chicago and the suburban districts, from the Daley Center to Skokie, Rolling Meadows, Maywood, Bridgeview, and Markham.
Who we are
LaRocque Law is a family law firm in Chicago’s West Loop, a short walk from the Daley Center, handling divorce, allocation of parental responsibilities, parenting time, child support, maintenance, and post-decree matters in Cook, DuPage, and Will Counties. Rebecca LaRocque and the firm’s attorneys practice family law exclusively. We are at the Daley Center often enough to know which judge wants you in the courtroom and which one would rather see you on Zoom, and that is the kind of thing that saves clients a morning off work.
Frequently asked questions
Where will my Cook County divorce be heard?
At the Daley Center unless at least one spouse lives in a suburban district and the case is filed there. We file downtown.
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Do I have to go to court for an uncontested divorce in Cook County?
Not if both spouses have attorneys; the prove-up is done by affidavit. Otherwise there is a short prove-up hearing by Zoom.
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Will my court dates be on Zoom?
Usually status dates and prove-ups are, and motions and trials are in person, but each judge sets their own practice and there is no written rule. We will tell you which dates you need to attend and where.
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Is mediation required in Cook County?
For any dispute about allocation of parental responsibilities, parenting time, relocation, or non-parent visitation, yes, unless the court finds an impediment. The first session must be within 35 days of the order, and mediation through the Center for Conflict Resolution is free.
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How much does it cost to file for divorce in Cook County?
The clerk’s filing fee is currently $402.25 for the petition and $259.25 for the respondent’s appearance, with no fee for post-judgment support motions or orders of protection. Attorney fees depend on the case.
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How long does a divorce take in Cook County?
It depends on whether you and your spouse agree. An agreed case moves at the pace of the paperwork and the court’s calendar; a contested case takes as long as it takes to reach agreement or get to trial. We will give you a realistic picture at the consultation.
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Can I file in Cook County if my spouse lives in DuPage or Will?
Yes. Venue is proper where either spouse lives. Which county is the better choice depends on the issues in your case and on the court schedules.