1 Draft & E-File Initial Dissolution Pleadings
Standardized FormsTo initiate the divorce and civil union dissolution simultaneously, you need to prepare the foundational legal forms. As a self-represented litigant, you should use the Illinois standardized forms.
- Domestic Relations Cover Sheet: This is a local Cook County administrative form. Check the boxes for both Dissolution of Marriage and Dissolution of Civil Union. (Search for "Cover Sheet" on the Cook County Clerk site)
- Petition for Dissolution of Marriage/Civil Union (with Children): Establish your 90-day Illinois residency, plead irreconcilable differences, list your minor children, and ask the court for dissolution and allocation of parental responsibilities. (Get the Petition via Illinois Courts Approved Forms - Select "Divorce, Child Support, and Maintenance")
- Summons: This document formally notifies the respondent. (Get the Summons form)
- Fee Waiver (Optional): If you cannot afford the ~$300+ filing fee, complete the Application for Waiver of Court Fees to submit with your initial filings.
2 Execute the UCCJEA Affidavit
Crucial for Out-of-State CustodyBecause there is an active custody-related proceeding in San Mateo, California, you must explicitly disclose this to the Cook County judge. This is required under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
- UCCJEA Declaration: This sworn affidavit outlines where your children have lived over the last 5 years.
- Disclosing California: Within this form, you must answer "Yes" to questions asking about existing custody litigation. You will need to write in: Superior Court of California, County of San Mateo, along with the case number and the status of that case.
Download the form: Illinois Statewide Forms (Child Custody / Allocation section)
3 File a Motion for Court-to-Court Communication
Custom Form RequiredIllinois does not have a pre-filled box-checking form for this specific UCCJEA jurisdictional request. You must use a generic state Motion form to ask the Cook County judge to call the San Mateo judge.
- Form to Use: Standardized "Motion" Form.
- What to Write: Title it "Motion for Court-to-Court Judicial Conference Pursuant to 750 ILCS 36/110 and 204". Explain that there is a concurrent filing in California, and request that the Illinois judge contact the California judge to determine which state is the proper "home state" forum for the children.
- Notice: You must complete a Notice of Motion to notify the other party of when you will present this to the judge.
4 Emergency Motion for Temporary Parenting Time
Time-SensitiveWhile jurisdiction is being figured out between the states, you may need an immediate, temporary order to ensure you have parenting time.
- Form to Use: Use the standard Motion form, but clearly title it "Emergency Motion for Temporary Allocation of Parental Responsibilities / Parenting Time".
- The Standard: Cook County judges only grant emergencies if there is a threat of "imminent harm" or a "sudden, unforeseen circumstance." You must clearly explain in your motion why waiting for a normal hearing date would cause harm.
- How to File an Emergency in Cook County: Emergency motions must be e-filed and then submitted electronically to your assigned judge's specific emergency court email address, usually before 12:00 PM for a hearing the next day. Check the Cook County Domestic Relations Division page for your assigned judge's specific emergency standing orders.
Quick Reference Resource Directory
| Resource / Action | Where to Find It |
|---|---|
| Where to File Documents | Odyssey eFileIL Portal |
| Illinois Standardized Forms | Illinois Courts Standardized Forms |
| Cook County Cover Sheets | Clerk of the Circuit Court of Cook County |
| Free Legal Aid & Document Generators | Illinois Legal Aid Online (ILAO) |