DuPage County
DuPage County Divorce Lawyer
Divorce and parenting cases at the Wheaton courthouse, handled by attorneys who are there regularly.
How a divorce case moves through the DuPage County courthouse
Divorce cases for DuPage County residents are heard at the courthouse at 505 N. County Farm Road in Wheaton, in the Domestic Relations courtrooms on the second and third floors. The law is the same as everywhere else in Illinois, but the way a case actually moves through Wheaton is governed by the Eighteenth Judicial Circuit’s local rules, which set their own deadlines for financial disclosure, parenting classes, mediation, and status conferences.
​
A DuPage divorce starts with a Petition for Dissolution of Marriage filed with the Circuit Clerk, followed by service on the other spouse. One thing that sets DuPage apart: the case goes on the judge’s calendar the moment the petition is filed, so you have a first court date from day one. In Cook County, by contrast, nothing is set until someone files something after the petition.
​
From there the local rules take over. Under Local Rule 15.05, both spouses must exchange a sworn Financial Affidavit, with supporting tax returns, pay stubs, and bank and credit card statements, within 30 days after the respondent’s appearance is filed, and an updated affidavit is due 30 days before trial. Nothing about property, support, or maintenance gets decided until those affidavits are in.
​
Local Rule 15.07 sets the rhythm of the case. The court holds an initial status conference shortly after filing and then brings the case back every 30 to 60 days until it is resolved. Status dates are short and are handled by the attorneys. A few judges still allow status by Zoom, but most are in person, and clients do not need to attend, though they are welcome to. Prove-ups are called at 9:00 a.m. on Mondays through Wednesdays.
​
DuPage also runs on its CRIS system for orders, which has a practical consequence: a judge will not see an agreed order you submit unless an attorney appears on the date it is presented. That is different from Cook County, where many agreed orders can be emailed to the judge’s coordinator and entered without anyone showing up. It is one more reason to have counsel who is in Wheaton anyway.
​
If you need temporary relief while the case is pending, such as temporary maintenance, child support, or exclusive possession of the home, Local Rule 15.11 requires the moving party to attach a current Financial Affidavit and give proper notice before the motion is presented. Judges in Wheaton expect the affidavit to be complete; a motion without one usually gets continued rather than heard.
Finishing an uncontested divorce in Wheaton
When at least one spouse has an attorney, the court allows a prove-up by affidavit under Local Rule 15.20(g): the parties sign a notarized affidavit stipulating to grounds, jurisdiction, and the fairness of the agreement, the judgment package is submitted electronically, and no one has to appear. Cases where neither side has a lawyer are set for an in-person prove-up hearing. Under Local Rule 15.05.02, the judgment package has to include:
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
Caring, Coping, and Children certificates for both parents
The notarized prove-up affidavit, if no one is appearing
A Uniform Order for Support, if child support or maintenance is ordered
Parenting classes and mediation in DuPage County
Every DuPage divorce with minor children has two extra steps. First, both parents must complete the Caring, Coping, and Children (CCC) program through the DuPage County Family Center. It is self-paced and online, costs $100 plus a service fee, and the certificate of completion is filed with the Circuit Clerk. Local Rule 15.06 requires it to be finished as soon as possible and no later than 60 days after the initial status conference, and the court will only excuse a parent for good cause with written findings. Do it early: you will not get divorced without it.
​
Second, if the parents cannot agree on allocation of parental responsibilities or parenting time, the court orders mediation under Local Rule 15.15, usually at the first court date. The parties choose from the court’s list of approved mediators, the sessions total up to three hours unless the parties agree to more, and the judge allocates the mediator’s fee between the parents. Mediation is confidential and the parties have to participate in good faith. Most DuPage parenting disputes settle in or shortly after mediation. The ones that do not go to a pre-trial conference and, if necessary, a hearing, usually with a guardian ad litem appointed to investigate and report on the children’s best interests. A child representative, rather than a GAL, is appointed when the parents cannot afford a GAL.
What to expect
DuPage County filing fees
The Circuit Clerk’s fee to file a Petition for Dissolution of Marriage or Civil Union in DuPage County is $359.25, and the respondent’s appearance fee is $234.25. Post-judgment petitions to modify or enforce child support or maintenance carry no filing fee, parentage cases carry no fee, and there is never a fee to file for an order of protection. A spouse who cannot afford the filing fee can apply for a fee waiver with the court. These are the clerk’s charges only; attorney fees are separate and depend on what is actually in dispute in your case.
Pre-trial conferences and trial
When a DuPage case does not settle, the judge sets a pre-trial conference. Local Rule 15.18 requires each side, or the parties jointly, to submit a pre-trial memorandum at least two business days before the conference, covering the parties and children, the assets and debts, what is agreed, what is disputed, and each side’s settlement proposal. Pre-trials in DuPage are held in the judge’s chambers with the attorneys, in person; clients are not in the room and are not required to attend.
​
The judge reads the memoranda and gives a candid indication of how the disputed issues would likely come out at trial, which resolves most of the remaining cases. A DuPage trial can be a single afternoon or, in a heavily contested case, more than 30 trial days spread over months. It depends entirely on what is in dispute and how much of it the parties are willing to let a judge decide.
What is different about DuPage
DuPage puts you on the calendar the day you file and keeps the case moving with status dates every 30 to 60 days, so it rarely drifts. Compared with Will County, DuPage allows a paper prove-up when an attorney is involved, so an agreed divorce can be finished without a court appearance. The trade-offs are the CRIS system, which means agreed orders need an attorney present to be entered, and judges who hold parties to the local rules: a missing Financial Affidavit, an incomplete parenting class, or a skipped mediation session will stall a case in Wheaton faster than it would elsewhere.
Who we are
LaRocque Law is a family law firm based in Chicago’s West Loop that handles divorce, allocation of parental responsibilities, parenting time, child support, maintenance, and post-decree matters in DuPage, Cook, and Will Counties. Rebecca LaRocque and the firm’s attorneys practice family law exclusively, and every case is handled by an attorney who knows the Wheaton courthouse and has been there many times. Enough times to have a strong opinion about the bagel place on County Farm Road. LaRocque Law is a member of the DuPage County Bar Association.
Frequently asked questions
Do I have to live in DuPage County to file there?
Venue for a divorce is proper in the county where either spouse lives. If you live in DuPage and your spouse lives in Cook, either county works, and which one is better depends on the issues in your case.
​
How long does a divorce take in DuPage County?
An agreed case can be finished in a few months once the parenting class and paperwork are done. A contested case can take a year or more; it depends on how long it takes to reach agreement or to get trial dates.
​
Do I have to go to court for an uncontested divorce in DuPage?
Not if at least one spouse has an attorney; the prove-up can be done by affidavit. If neither spouse is represented, an in-person prove-up hearing is required.
​
Is mediation required in DuPage County?
For disputes about parenting time or decision-making, yes, unless the court finds an impediment such as domestic violence. Financial issues are not required to be mediated but often are.
​
How much does it cost to file for divorce in DuPage County?
The clerk’s filing fee is $359.25 for the petition and $234.25 for the respondent’s appearance currently, with no fee for post-judgment support petitions or orders of protection. Attorney fees depend on the case.
​
Will I have to go to court in Wheaton?
Rarely. Status dates and pre-trials are handled by the attorneys, mostly in person, and clients are not required to attend. You would attend a hearing or trial, and an in-person prove-up only if neither spouse has a lawyer.