Will County
Will County Divorce Lawyer
Divorce, parenting, and support cases at the Joliet courthouse, handled by attorneys who appear there regularly.
How a divorce case moves through the Will County courthouse
Family cases for Will County residents are heard at the Will County Courthouse at 100 W. Jefferson Street in downtown Joliet, the newer glass building, with the family courtrooms on the sixth and seventh floors. Joliet runs a smaller, more personal calendar than Cook County, and it has a rule that surprises people who have been through a divorce elsewhere: there is no prove-up by affidavit. At least one party must attend an in-person prove-up hearing to finalize the case. Our attorneys are always happy to appear in Joliet, and this page outlines how a Will County divorce moves from filing to judgment.
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A Will County divorce begins with a Petition for Dissolution of Marriage filed electronically through the Odyssey system with the Circuit Clerk of Will County, followed by personal service on the other spouse. Cases are assigned to one of the family division judges based on whether an attorney is involved and then by last name (Cook County, by contrast, assigns at random), and the assignment stays with the case, so the same judge hears your status dates, motions, and trial.
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After the respondent appears, the court sets the case for a case management or status conference, and both spouses exchange Financial Affidavits with their supporting documents before that date. Temporary motions for support, maintenance, or parenting time are heard on the assigned judge’s motion call, and Will County judges expect a current Financial Affidavit with any financial motion.
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Remote appearances are available under the circuit’s remote video hearing order (Administrative Order 2023-2), but each judge’s standing order controls. Some judges allow Zoom for status and presentment on any weekday, some only on certain days of the week, and some require prior approval and a reason. The standing orders are posted on the Circuit Clerk’s Judge Rules page for some judges and not others, so part of practicing in Joliet is keeping track of each judge’s current rule.
Finishing an uncontested divorce in Joliet
This is where Will County differs from its neighbors. Cook County and DuPage County both allow an agreed divorce to be finished on paper when attorneys are involved. Will County does not: every dissolution, including a fully agreed one, requires a prove-up hearing in the courtroom, with at least the petitioner present to testify briefly to the grounds, the agreement, and the parenting plan. The respondent can stay home but is welcome to attend. The hearing itself takes 10 to 15 minutes; the work is in having the judgment package ready and correct so the judge enters everything that day rather than continuing the case for corrections:
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 Will County
Parents with minor children must complete a court-approved parenting education program before the case can be finalized. Will County directs parents to an approved online provider, the Center for Divorce Education, and the certificate of completion has to be filed with the court before the prove-up; without it, the case will not be finalized.
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When parents disagree about allocation of parental responsibilities or parenting time, the court enters an Order for Mediation and both parents must attend. Unless the domestic violence exception applies, there is no way around it, however difficult the other parent is. You can hire a private mediator, typically around $300 an hour, or use the court’s mediation services. Most parenting disputes in Joliet resolve at mediation or at the pre-trial conference that follows; the cases that do not are set for hearing, often with a guardian ad litem appointed.
What to expect
Contested cases, pre-trial, and trial
When a Will County case does not settle, the assigned judge holds a pre-trial conference, usually with each side submitting a pre-trial memorandum setting out the disputed issues and settlement positions. The judge’s read at pre-trial resolves most cases. Those that go to trial are set for evidentiary hearing in front of the same judge, which is one advantage of Will County’s single-judge assignment: by the time of trial, the judge already knows the case.
What is different about Will County
Will County is smaller and more personal than Cook: one judge from start to finish, a clerk’s office you can reach, and calendars that move at a steady pace. The two things to plan for are the in-person prove-up requirement, which means at least one court trip even for the simplest agreed case, and the drive to Joliet, which is why our attorneys use Zoom for routine dates whenever the judge allows it.
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We serve residents of Joliet, Plainfield, Bolingbrook, Romeoville, Naperville’s Will County side, New Lenox, Frankfort, Mokena, Lockport, Homer Glen, and the rest of the county. We love a good Will County case.
Who we are
LaRocque Law is a family law firm based in Chicago’s West Loop that handles divorce, parenting, support, maintenance, and post-decree matters in Will, DuPage, and Cook Counties. Rebecca LaRocque and the firm’s attorneys practice family law exclusively and appear in Joliet regularly. The Illinois child support calculator and spousal maintenance calculator on this site show where the guideline numbers land before you agree to them.
Frequently asked questions
Do I have to appear in court for an uncontested divorce in Will County?
Yes. Unlike Cook and DuPage, Will County requires an in-person prove-up hearing in every case. It is short, and we prepare you for exactly what the judge will ask.
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Can I file in Will County if my spouse lives in Cook County?
Yes. Venue is proper where either spouse lives. Whether Will County is the better choice depends on the issues in your case and on the court schedules.
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How much does it cost to file for divorce in Will County?
The Circuit Clerk’s filing fee is currently $364 for a Petition for Dissolution of Marriage, with or without children, and $364 for other family case types. The respondent’s appearance fee is $239. A spouse who cannot afford the fee can file an Application for Waiver of Court Fees, which the court decides based on income. These are the clerk’s charges only; attorney fees are separate and depend on what is actually in dispute in your case.
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How long does a divorce take in Will County?
It depends on whether you and your spouse agree. An agreed case moves at the pace of the parenting class, the paperwork, and the prove-up date; 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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Is a parenting class required in Will County?
Yes, for any case involving minor children. Will County accepts an approved online program, and the certificate has to be on file before the judgment is entered.
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Will my case be heard by Zoom?
Routine status dates often are, depending on the judge’s standing order; evidentiary hearings and prove-ups are in person. Your attorney will tell you which dates you need to attend.