Court Rules

III. PARTICULAR CIVIL PROCEEDINGS

ARTICLE 15: DOMESTIC RELATIONS - 15.01 through 15.14   Go to 15.15 through 15.26

(a)  A petition for an order directing the County Clerk of DuPage County to issue a marriage license as provided in 750 ILCS 5/201 et seq. shall be presented to the Presiding Judge of the Domestic Relations Division.

 

(b)  The issuance of a marriage license by the County Clerk of DuPage shall be prima facie evidence of compliance with the statute and may be relied upon by any Judge assigned to perform a marriage ceremony.

1.  Pre-Decree Actions:

a) Within thirty (30) days of the filing of the defendant's general appearance or the first responsive pleading in any proceeding for dissolution of marriage or legal separation, each party shall serve upon all parties entitled to notice, the completed Comprehensive Financial Statement with corroborating documents in the form established by these rules.

b) Each party shall file with the Clerk of the Circuit Court within seven (7) days thereafter a certificate of compliance and service, certifying the Comprehensive Financial Statement has been completed and setting forth the date on which the completed Comprehensive Financial Statement and corroborating documents were served upon those parties entitled to notice.  If known at the time of service, the party serving the Comprehensive Financial Statement shall identify any claim for dissipation of marital assets.  The Comprehensive Financial Statement shall not be filed with the Clerk of the Circuit Court.

c) If any request for temporary relief is made prior to the expiration of thirty (30) days from the filing of Respondent's appearance or first responsive pleading, a preliminary Comprehensive Financial Statement, with corroborating documents, shall be served contemporaneously with the Notice and the Petition seeking temporary relief, and the responding party shall provide a preliminary Comprehensive Financial Statement to the all parties entitled to notice and the court not less than two (2) court days prior to the hearing.  Income, expenses, assets and liabilities as requested in Sections I, II, III and V of the Comprehensive Financial Statement shall be provided, with sufficient particularity to permit a meaningful hearing on the temporary relief sought.

2.   Post-Decree Actions:

a) In any post-judgment domestic relations case or post-judgment parentage case where both parties are represented by private (non-government) counsel, when any party is seeking to establish or modify the issues of temporary or permanent support, maintenance or contribution to daycare, extracurricular, medical insurance, or college expenses, the pleading and response shall incorporate an affidavit containing the information specified in Items I through VI of the Comprehensive Financial Statement established by these rules. The affidavit shall not be filed with the Clerk of the Circuit Court, but shall be provided with corroborating documents to all parties entitled to notice simultaneously with the pleading.

3.  If a party is unable to complete any portion of the Comprehensive Financial Statement, he or she shall indicate his or her inability to do so by answering "unknown" to each such specific item, and shall so certify on the last page of the Comprehensive Financial Statement pursuant to 735 ILCS 5/11-109.

(b) Corroborating Documents:

1.   Within the same time provided for service of the Comprehensive Financial Statement, every party shall produce all corroborating documents in support of the allegations of the Pleadings and the Comprehensive Financial Statement or required affidavit.  The corroborating documents shall be produced whenever a party has such documentation, or whenever a party can obtain such documentation upon reasonable effort from other sources.

2. The income-corroborating documents shall include (but not be limited to) copies of the prior three (3) years 1040 personal and business (partnership, corporate, etc.)  federal and state tax returns (including all schedules and supporting documents).  If the tax return for the prior year has not been filed, then copies of prior year's W-2s, 1099s and other proof of income shall be tendered, as well as the most recent pay-stub and the prior year's year-end pay-stub.

3. All corroborating documents shall be labeled and indexed to correspond to the paragraph of the Comprehensive Financial Statement to which the document relates.  No formal discovery requests for this information shall be a prerequisite to enforcement for non-compliance with this Rule.  The documents shall not be filed with the Clerk of the Circuit Court, but shall be served upon each person entitled to notice under the Illinois Supreme Court Rules, with proof of service filed with the Clerk.

(c) Duty to Update.  Each party, through counsel if represented, shall update and amend the Comprehensive Financial Statement or required affidavit, and all corroborating documents every 90 days, with the last update due at least seven (7) days before trial.  Such updates or amendments shall not be filed with the Clerk of the Circuit Court, but shall be served upon each person entitled to notice under the Illinois Supreme Court Rules, with proof of service filed with the Clerk of the Circuit Court.

(d) Sanctions for Non-Compliance.  Upon motion by any party, the Court may impose such sanctions for violation of these DISCOVERY RULES IN FAMILY LAW CASES as are provided in Illinois Supreme Court Rule 219.

1. Failure to maintain corroborating documents after filing or receipt of a pleading covered by these rules shall be prima facie evidence of non-compliance.

2. The Court shall consider a party's compliance or non-compliance with these rules in the allocation of attorney's fees and costs pursuant to 750 ILCS 5/508.  Attorney's fees may be awarded for time attributable to delay in complying with these Local and Illinois Supreme Court Rules regarding discovery.

(e) Additional Discovery.  A party may not make additional non-duplicative discovery requests, in accordance with the requirements set forth in the Illinois Supreme Court Rules and Illinois Code of Civil Procedure, until the party has served a completed Comprehensive Financial Statement in compliance with this rule.

(a)  The Circuit Court of DuPage County has established two separate Education Programs for divorcing and never-married parents conducted through the DuPage County Family Center.  The education programs cover the subjects of parenting time, custody, co-parenting, communication and the impact of these issues on children.  These programs are The Caring, Coping and Children (CCC) Program and the Parents and Kids (PAK) Program.

 

(b)  In all pre-judgment (F) cases in which the parties have a minor child, the parties must complete the Parents and Kids (PAK) Program as soon as possible after the establishment of paternity  but in no event later than sixty (60) days after the initial status conference. 

 

(c)  In all pre-judgment (D) cases in which the parties have a minor child, the parties must complete the Caring, Coping, and Children (CCC) Program as soon as possible, but no later than 60 days after the initial status conference.

 

(d)  Except when excused by the Court for good cause shown, each party's attendance and completion of the Education Program is mandatory.  The Court shall not excuse a party's attendance and completion of the Education Program unless the reason is documented in the record and a finding is made that excusing one or both parents from attendance is in the best interests of the children.

 

(e)  Willful failure to comply with the Education Program requirement may result in sanctions by the Court.

(a)  The purpose of a status conference is to prevent delay in the disposition of the case and to monitor compliance with court rules. 

 

(b)  An initial status shall be assigned by the Clerk of the Court upon a case being filed under the Illinois Marriage and Dissolution of Marriage Act or the Illinois Parentage Act of 1984.  At the initial status, if not earlier, the parties or attorneys of record whom are knowledgeable as to the issues in the case, shall report the progress of the case to the Court, including:

1. Compliance with the parenting education program requirement of Illinois Supreme Court Rule 924 and Local Rule 15.06;

2. Agreed custody arrangements and parenting plans, if any;

3. The scheduling of mediation in compliance with Illinois Supreme Court Rule 905(b), if require; and

4. Whether Comprehensive Financial Statements have been exchanged.

(c)  A status shall be scheduled every thirty (30) to sixty (60) days thereafter unless otherwise directed by the Court.  In addition to other matters the Court chooses to address, the Court shall consider whether to appoint attorney for the child, a guardian ad litem, or a child representative in accordance with 750 ILCS 5/506.

(a)  All petitions and motions submitted to the Court in domestic relations cases shall be substantially in the approved form provided by law and shall begin with a title which accurately describes the contents of the petition or motion.  They shall include a recitation of the statutory or case law basis for said relief.

 

(b)  If any order submitted to the Court is agreed, the adjective "agreed" should precede the word "order" in the title.

(a)  Except for the automatic status date, all court dates and times, including pre-trial and trial dates, shall be obtained from the trial judge or one of the court schedulers at the direction of the trial judge. 

 

(b)  Notice.  Except for emergency matters, the moving party shall serve proper notice for all motions or petitions for relief in accordance with Local Court Rule 6.04(d).  The notice provided shall state that the motion will be presented on the date specified in the notice.

 

(c)  Presentment Call.  Except for emergency matters, all motions and petitions shall be placed on the presentment call, by contacting the court scheduler, prior to being set for hearing.  The presentment call commences at 9:15 a.m.   No contested matters shall be heard during the presentment call.  If the motion or petition is not resolved by agreement, an Order shall be entered setting forth a briefing schedule granting the defending party reasonable time to respond or otherwise plead and setting a future status or hearing date on the underlying motion or petition. 

 

(d)  Hearings.  Dates for hearings which can be conducted within twenty (20) minutes or less shall be obtained from the Court scheduler.  All other hearing dates will be assigned by the Court in its discretion.  Courtesy copies shall be delivered to the Court by the moving party prior to the hearing pursuant to Rule 6.05(c).  Failure to provide courtesy copies in compliance with these Rules may result in a continuance of the hearing by the Court.

 

(e)  Changes in Court Dates Initiated by the Court:

(1)  Whenever the assigned judge determines it necessary to reschedule a court date, the court scheduler, at the direction of the assigned judge, shall prepare an order for signature by the assigned judge.
(2)  A copy of the order shall be sent by the court scheduler to all attorneys of record in the case.
(3)  Whenever possible, attorneys of record shall be contacted by the court scheduler beforehand to obtain a mutually acceptable date.

(f)  Other Changes in Court Dates:

(1)  All agreed motions for a change in court date must be presented in writing with required notice.  If the agreed motion is to change the date of a prove-up or a hearing on a motion, the matter will be reset to an available date. If the agreed motion is to change the date of a pre-trial or trial date, the motion will be placed on the judge's motion call by the court scheduler.
(2)  Any request for a change in court date which is not by agreement shall be placed on the judge's motion call by the court scheduler.
(3)  No pre-trials or trials shall be continued except upon written motion and written order after hearing.
(4)  An appropriate order must be presented to the court scheduler at the time a change in court date is scheduled.  The order shall include a paragraph striking the existing date from the call.  If the date appearing on an order resetting a prove-up or a hearing of a motion is not available on the appropriate call of the assigned judge, the court scheduler shall place the case on the motion call or prove-up call of the assigned judge on the next available date to which the attorneys can agree.

(g)  All pending and inactive cases coming before the Court on any given day must be given a future court date.
 

(h)  For purposes of this Article 15, the following definitions shall apply:

(1)  Pending Case - any case that has not been closed or placed on inactive status.
(2)  Closed Case - any case once a Judgment of Dissolution of the marriage relationship is entered.
(3)  Inactive Case - any case where a hearing on the dissolution of the marriage is being stayed by the Court because both parties have executed an Inactive Status Order.

(i)  Domestic Violence Cases.  This Rule is not applicable to any proceeding under the Domestic Violence Act of 1986 and service of process, notice and hearings under such cases shall be as provided by statute.

(a)  Designation of a matter as an "emergency" is determined to be an extraordinary measure and shall be heard at the discretion of the Court.

 

(b)  Emergency motions will be heard by the Judge assigned to the case.  If the assigned Judge is unavailable, then the emergency motions shall be heard by the Presiding Judge or his or her designee.

 

(c)  The proponent of an alleged "emergency" matter shall have the initial burden of proving the emergency which burden shall include, at a minimum:

(1)  Notice to the opposing party pursuant to Local Rule 6.08;

(2)  Inability to obtain an assignment on the regularly scheduled call within a reasonable time given the circumstances for which or from which relief is sought; and

(3)  That immediate and irreparable injury, loss or damage will result if the relief is not granted.

(d)  Upon a determination by the Court that a matter does not meet the criteria for "emergency" matters, an order so finding shall be entered and the matter may be set on a regular call.  Upon oral motion by a party or their attorney who responds to an alleged "emergency", the party or their attorney may be entitled to reimbursement from the movant for actual expenses, fees and costs incurred in responding to the motion.

(a)  Except as otherwise provided by law, in all proceedings involving petitions for temporary relief, the moving party shall serve proper notice in accordance with Local Court Rule 6.04 and provide, to opposing counsel, the necessary discovery documents in accordance with Local Court Rule 15.05.

 

(b)  In any proceeding to set Temporary Relief, the moving party may set the petition on the 9:15 a.m. presentment call, pursuant to Local Court Rule 15.09(c).  The moving party shall serve notice, accompanied by a copy of a verified petition intended to be filed in the cause, and present said Temporary Relief Petition in accordance with Local Court Rules 6.04(d) and 15.05.  The Responding party shall subsequently have fourteen (14) days to respond to said petition and comply with Local Court Rule 15.05.  The moving party's Petition for Temporary Relief shall then be set for hearing within twenty-one (21) days of presentment, unless for good cause shown, the Court directs otherwise.

 

(c)  Only in proceedings requesting initial or temporary child support and maintenance awards, once the motion or petition has been presented in accordance with subsection (b) above, the responding party shall have fourteen (14) days thereafter to respond to said motion or petition and comply with Local Court Rule 15.05 and therefore exchange the applicable Comprehensive Financial Statement and corroborating documents.  The moving party's petition or motion shall then be set for hearing within twenty-one (21) days of presentment, unless for good cause shown, the Court directs otherwise.

 

(d)  In any proceeding under the Domestic Violence Act of 1986, seeking an Order of Protection, or to modify or vacate an Order of Protection, service of process shall be as provided by 750 ILCS 60/210, 210.1, and 211.

(a)  In any proceeding seeking a Rule To Show Cause, the moving party may set the petition on the 9:15 a.m. presentment call, pursuant to Local Court Rule 15.09(c).  The moving party shall serve notice, accompanied by a copy of the verified petition intended to be filed in the cause.  No Rule to Show Cause shall issue except upon proper Notice and Motion, and except for good cause shown by verified pleading. 

(b)  Upon presentment, the Court shall set the Petition for Rule to Show Cause for hearing not less than fourteen (14) days nor more than thirty (30) days from the date of presentment.  Further, the Court may order the Rule returnable on the same day, if the Rule issues.

 

(c)  The Order setting the Petition for Rule to Show Cause for hearing shall be served in accordance with Illinois Supreme Court Rules as in service of summons.

(a)  Shall satisfactorily complete a Guardians ad Litem/Child Representatives/Attorneys for Children training program approved by the Court.  In addition, the applicant must complete additional training as required by the Court from time to time, in accordance with Illinois Supreme Court Rule 906(c).  Said training program shall consist of ten (10) hours in the two (2) years prior to the date the attorney qualifies for appointment in approved continuing legal education courses in the following areas:  child development; roles of guardian ad litem and child representative; ethics in child custody cases; relevant substantive state, federal, and case law in custody and visitation matters; family dynamics, including substance abuse, domestic abuse, and mental health issues.

 

(b)  Hold a valid license to practice law in the State of Illinois and be in good standing.

 

(c)  Maintain an office in DuPage County.

 

(d)  Shall serve at the discretion of the Presiding Judge.

 

(e)  Shall provide evidence of malpractice insurance in an amount as set by the Presiding Judge.

 

(f)   Shall agree to appointment as a Guardian ad Litem/Child Representative/Attorney for Child(ren) in at least one(1) reduced fee or pro bono cases per year as identified by the Court.

 (1)  Upon the Court order appointing a Guardian ad Litem/Child Representative/Attorney for Child(ren), a Guardian ad Litem/Child Representative/Attorney for Child(ren) shall be selected by the court from the list of qualified Guardians ad Litem/Child Representatives/Attorneys for Children prepared by the Presiding Judge of the Domestic Relations Division. 

 

(2)  The Court shall designate in its order what percentage of the retainer and hourly rates for the Guardian ad Litem/Child Representative/Attorney for Child(ren) should be paid by each party or whether the case should be considered a reduced fee or pro bono case.

 

(3)  The parties shall contact the Guardian ad Litem/Child Representative/Attorney for Child(ren) within two (2) days after the appointment order is signed for the purpose of adequate representation of any minor children to provide the Guardian ad Litem/Child Representative/Attorney for Child(ren) with all notices, pleadings, orders, and reports in the proceeding.

 

(4)  The Guardian Ad Litem/Child Representative/Attorney for the Child appointed in this cause shall file his or her appearance on behalf of the minor child(ren) within seven (7) days of the entry of the appointment order and file any appropriate pleadings within twenty-eight (28) days of the entry of the appointment order, and may file subsequent pleadings as deemed appropriate.

 

(5)  During the proceeding, the Court may appoint an additional attorney to serve in another of the enumerated capacities on its own motion or on the motion of a party for good cause shown.

 

(6)  The Chief Judge and the Presiding Judge of the Domestic Relations division shall be responsible for administering the training program and insuring compliance with Illinois Supreme Court Rule 906.

 

(7)  An attorney approved to be appointed by the Court as a Guardian Ad Litem/Child Representative/Attorney for the Child under a training program approved in a different county or judicial circuit shall have reciprocity to participate in child custody and visitation matters in all other counties and judicial circuits in the State of Illinois.

(1)  The Guardian Ad Litem/Child Representative/Attorney for the Child shall have all the duties, powers, and authority defined for his/her role by Section 506 of the Illinois Marriage & Dissolution of Marriage Act, 750 ILCS 5/506.

 

(2)  The rights afforded to the Guardian Ad Litem/Child Representative/Attorney for the Child shall be as set forth by Illinois Supreme Court Rule.

 

(3)  The Guardian Ad Litem/Child Representative/Attorney for the Child is authorized to conduct such discovery as necessary and proper to fulfill his or her appointed role.

 

(4)  If appointed as such, the Attorney for the Child shall participate in the litigation as would the attorneys for the parties and shall be bound by the Illinois Rules of Professional Conduct.

 

(5)  If appointed as such, the Child Representative shall have the following rights and obligations:

a. To participate in the litigation as would the attorneys for the parties.
b. To investigate the facts of the case and interview necessary parties.
c. To advocate the best interests of the child.
d. To promote settlement and the use of alternative dispute resolution.
e. To disclose the Child Representative position in a pretrial memorandum.
f. No party may cross-examine the Child Representative.
g. The Child Representative shall be bound by the Illinois Rules of Professional Conduct.

 (6)  If appointed as such, the Guardian ad Litem shall tender a written report to the Court, if so ordered.  Further, the Guardian ad Litem shall make recommendations to the Court, if so ordered.  As required by Illinois Supreme Court Rule 906, a Guardian ad Litem shall be bound by the Illinois Rules of Professional Conduct.