What Do I Do After Being Served Divorce Papers in Illinois?

 Posted on June 16, 2025 in Divorce

Being served divorce papers can be an overwhelming moment, even if you knew the divorce was coming. It signals the legal beginning to the end of a marriage, and what you do next can significantly affect your financial future, parental rights, and emotional well-being. In Illinois, divorce laws set specific timelines and procedures that must be followed once papers are served. To learn more about what you need to do next, it is crucial to consult with a DuPage County divorce attorney who can help you protect your interests at every stage of the process.

What Do Divorce Papers Contain?

Divorce papers usually consist of two important documents: a Summons and a Petition for Dissolution of Marriage. The Summons informs you that a case has been filed and tells you how long you have to respond, which is typically 30 days in Illinois. 

The Petition outlines your spouse’s requests for how the marriage should be dissolved. This may include requests for dividing property, determining child custody, assigning support payments, or asking for exclusive rights to live in the family home.

These documents set the foundation for what your spouse wants from the divorce. While it might feel personal, the legal filing is not an accusation but a procedural step.

What Is the First Step I Should Take After Being Served Divorce Papers?

After being served, you should carefully read all the paperwork. Look for deadlines, hearing dates, and any temporary orders that may already be in effect. Staying calm and organized during this time can help you respond appropriately and avoid making detrimental mistakes.

Once you have reviewed the papers, you should contact a qualified Illinois divorce lawyer. Having legal guidance is key, even if you believe you and your spouse can work things out amicably. An attorney will explain your rights, help you prepare a timely and accurate response, and offer strategic advice about your next moves.

What Information Should I Gather for My Attorney?

To effectively safeguard your interests, your attorney will need a full picture of your financial and family situation. You will need to provide documents and details about your income, assets, debts, and family arrangements. This may include tax returns, pay stubs, bank and retirement account statements, mortgage documents, and any existing custody agreements. The more organized and transparent you are, the better your attorney can advocate for your needs.

What Happens If I Do Not Respond to the Divorce Papers?

Failing to respond within the 30-day window could result in a default judgment. This means the court may grant your spouse everything he or she requested in the petition without considering your input. 

Reversing a default judgment can be difficult and time-consuming. Therefore, responding appropriately and on time is not optional—it is essential.

What If I Disagree With the Petition?

It is common to disagree with some or all of what your spouse has requested in the divorce papers. Fortunately, the legal process allows you to contest those issues. You can file an answer denying specific allegations or include a counter-petition with your own proposals for how the court should resolve matters like parenting time, division of property, or support.

Once both parties’ positions are on record, the court will oversee the case through negotiations, mediation, and, if necessary, a trial. Most cases are resolved through settlement, but when that is not possible, a judge will decide based on evidence and testimony.

What Should I Avoid Doing After Being Served?

Several common mistakes can harm your case. In order to protect both your rights and well-being, avoid:

• Ignoring deadlines or failing to respond to the court

• Discussing your divorce on social media

• Attempting to hide assets or manipulate financial records

• Speaking negatively about your spouse in front of your children

• Making major financial decisions, like selling property, without legal advice

These actions can backfire and damage your credibility in court. Staying respectful, organized, and honest will safeguard your case and your reputation.

How Can I Emotionally and Mentally Prepare for Divorce?

Divorce is not just a legal process — it can also be an emotional one. You may experience sadness, anger, relief, or anxiety, sometimes all at once. Maintaining your emotional health is just as important as responding to the legal documents.

Keeping a regular routine can help you maintain stability, especially if you have children. While this can be challenging, avoid letting the divorce consume your identity. Talking to a counselor, therapist, or support group can be a healthy outlet as you deal with this confusing phase of life. 

What Temporary Legal Protections Can I Request?

During the divorce process, either spouse can request temporary relief through a motion filed with the court. These orders are meant to provide structure while the case is pending and can cover:

• Temporary child custody and visitation schedules

• Temporary child or spousal support

• Exclusive possession of the marital home

• Restrictions on contact or asset transfers

Illinois judges will prioritize minimizing disruptions to children and ensuring fairness to both parties. If your situation is urgent—for example, if there is a risk of violence or financial misconduct—your attorney can help you file emergency motions.

What Comes Next in the Divorce Process?

After your initial response, the case enters the discovery phase. This involves both sides exchanging information, such as income records, asset lists, and parenting history. Discovery is often the most detailed and time-consuming part of a contested divorce.

Depending on the circumstances of your case, you may attend mediation sessions to try to resolve issues outside of court. Illinois courts require mediation for disputes involving children. If an agreement is reached, your attorneys will draft a marital settlement agreement to submit for court approval.

If the case proceeds to trial, you and your spouse will present evidence and testimony, and a judge will make the final decisions. Trials are rare but sometimes necessary when a settlement is not possible.

Get in Contact with a DuPage County, IL Divorce Lawyer

Being served divorce papers is a serious legal matter, but with the right guidance, you can confidently and correctly navigate the process. Taking immediate, informed action can protect your finances, your family relationships, and your future. 

A Wheaton, IL family law attorney at Goostree Law Group can help ensure your voice is heard and your interests are protected. Call 630-584-4800 to schedule a free consultation and begin taking the next steps in your divorce.