The Petition for Divorce (Divorce No Children Under 18), form ATJ 103.4, is the statewide Illinois form a spouse uses to ask a judge for a divorce when the couple has no children who need support. It is approved by the Illinois Supreme Court and must be accepted in all Illinois courts. Use it if you are the person starting the case, the Petitioner. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form and its instructions are published by the Illinois courts.
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What is ATJ 103.4?
The Petition for Divorce (Divorce No Children Under 18), form ATJ 103.4, is the Illinois Supreme Court approved statewide form that a spouse files with the Circuit Clerk to start a divorce case when the spouses have no children who need support.
The person who files is the Petitioner. The spouse the case is filed against is the Respondent, who gets a chance to tell the judge whether they agree or disagree. The Clerk fills in the case number.
The form has seven numbered sections: the Petitioner, the Respondent, the marriage or civil union, pregnancy, children, the current maintenance (alimony) arrangement, and what you ask the judge to do. Section 7 lists the requests that are always included: a Judgment of Dissolution of Marriage/Civil Union (Divorce No Children), a fair division of marital or civil union property and debts, each party keeping non-marital property and debts, maintenance if appropriate, and the right to return to a former name.
This form is for couples with no children who need support. If there are children who need support, the form says not to use it and to use the Divorce with Children forms instead. The Illinois courts list the petition among the Divorce No Children Under 18 forms, next to the Judgment of Dissolution, Divorce Summons, Certification Agreement, Letter to the Sheriff, Motion for Default and Order for Default. The form refers readers to the How To Get A Divorce Instructions at ilcourts.info/how-to-divorce.
Who needs to file ATJ 103.4?
The main group is a spouse in Illinois who wants to start a divorce and has no children who need support. That person is the Petitioner and files this form.
The form fits these situations:
- The couple has no children born or adopted during the marriage or civil union.
- The couple has only adult children who do not need support to attend school or because of a disability. You list their names and ages in section 5.
- Neither spouse is pregnant with a child of both spouses. Section 4 asks you to check the box that applies.
Do not use this form if there are children who need support. The form directs those filers to the Divorce with Children forms.
The Respondent does not complete this petition. The Respondent receives it with a summons and must file an Appearance and an Answer or Response. The form states that these forms are found at ilcourts.info/forms.
The signature block says that you sign under 735 ILCS 5/1-109. If you cannot disclose your address because of domestic violence, you may use an alternative address where you can receive mail about the case.
When to file ATJ 103.4
You file the petition when you are ready to start the divorce case; no due date is printed on the form for the Petitioner. The form asks for facts you should know before you begin, such as how long you and your spouse have lived in Illinois, the date and place of the marriage or civil union, and the date you have been separated since. The form says it may take 30 to 45 minutes to fill out and that some questions involve personal finances, so you may need other documents.
The timing that is stated applies to your spouse. A Respondent who receives the Petition and Summons must file an Appearance and an Answer or Response no later than 30 days from the date they received them. If they do not, the judge may decide the case without hearing from them. The form calls this "default."
How to fill out ATJ 103.4
Enter the county and names
At the top, write the county where you are filing, the Petitioner's first, middle and last name, and the Respondent's name. Leave the Case Number blank; the Clerk fills it in.
Complete section 1, Petitioner
Answer 1A and 1B on living in Illinois and for longer than 90 days, and give your county. Enter your age (1C), your employment or benefits (1D) with job title and employer, and whether you want a maiden or former name, with that name if yes (1E).
Complete section 2, Respondent
Answer 2A to 2C on your spouse's Illinois residence and age. In 2D give your spouse's current address, or check No and read page 10 of the instructions. Complete 2E on employment (including I Don't Know) and 2F on active duty.
Give the marriage or civil union details
In 3A enter the date (month, day, year) and the county, state and country where you were married or united. In 3B mark No, I Don't Know or Yes with the place of any earlier dissolution case, and in 3C enter the date you have been separated since.
Check the pregnancy box
In section 4, check the statement that is true: you are not pregnant, you are pregnant but your spouse is not the parent, your spouse is not pregnant, or your spouse is pregnant but you are not the parent.
Complete section 5, Children
Check that there are no children born or adopted during the marriage, or that there are only adult children who do not need support. For adult children, list their names and ages. If any child needs support, do not use this form.
Answer the maintenance question
In section 6, check Yes or No to say whether maintenance (alimony) is currently being paid from one spouse to the other.
Read the requests to the judge
Section 7, A to H, is preprinted and lists the requests always included in a divorce petition, such as the Judgment of Dissolution and a fair division of property and debts. There is nothing to enter here.
Sign and add your contact details
Type your name after the /s/ if you fill in the form online, or sign and print your name if you fill it out by hand. Enter your phone number, attorney number if any, email if you have one, and your complete address, checking the alternative-address box if disclosure would put you at risk.
Review, download and flatten the PDF
Check every section and the case number header on each page, then download or print the completed PDF from FillingPDF. If you plan to e-file, flatten the saved PDF as the Illinois courts describe, then file it as described under How to submit.
How to submit ATJ 103.4
You file the completed petition with the Circuit Clerk. The form names the county of filing: the county you live in or the county your spouse lives in. To find the Clerk, go to ilcourts.info/clerks.
- Circuit Clerk: file the signed petition in the county you live in or the county your spouse lives in.
- E-filing: if you e-file, the Illinois courts say you must first flatten the PDF so it cannot be changed. Print it to PDF with Adobe Acrobat or Reader, or use the Save as PDF option in your software, then open the saved file to check that it still looks filled out.
- Fees: fees apply to filing court forms like this one, but you may qualify to file for free. The form tells you to ask your Circuit Clerk for the cost and for fee waiver information.
After filing, arrange to notify your spouse that you filed. The form points to ilcourts.info/how-to-divorce for how to do that, and tells you to confirm that the Sheriff has served your spouse with the forms. Check your email every day for court dates and documents. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Using this petition when there are children who need support; the form says to use the Divorce with Children forms instead.
- Filling out the PDF on a webpage without saving it first; the Illinois courts warn you will lose your progress, so download the PDF before you begin.
- E-filing the form without flattening it; the courts require a flattened PDF that cannot be changed, and you should open it to confirm it looks filled out.
- Checking "No" for your spouse's current address without reading page 10 of the instructions first.
- Entering an alternative address where you cannot receive mail about the case; it must be an address where you can get your mail.
- Leaving out the names and ages of adult children when you check the box for only adult children who do not need support.
- Filing in a county where neither spouse lives; the form says to file in the county you live in or the county your spouse lives in.
- Not checking your email every day, so you miss court dates or documents from the other party.
Frequently asked questions
What is a petition for divorce in Illinois when there are no children?
It is the form that starts the case. The Petition for Divorce (Divorce No Children Under 18), ATJ 103.4, is the Illinois Supreme Court approved form in which the Petitioner asks the judge for a Judgment of Dissolution of Marriage/Civil Union and states the facts of the marriage.
Can I use this petition if I have children?
Only if there are no children who need support. The form allows adult children who do not need support for school or because of a disability, and you list them. If a child needs support, it says not to use these forms and to use the Divorce with Children forms.
Where do I file the Petition for Divorce in Illinois?
File it with the Circuit Clerk in the county you live in or the county your spouse lives in. The form points to ilcourts.info/clerks for more information on where to file. After filing, you must arrange to notify your spouse.
Is there a fee to file the petition?
Yes, fees apply to filing court forms like this one, but you may qualify to file for free. The form says to check with your Circuit Clerk for the cost and for fee waiver information; no amount is printed on it.
How long does my spouse have to respond to the petition?
No later than 30 days from the date they received the Petition and Summons. They must file an Appearance and an Answer or Response. If they do not, the judge may decide the case without hearing from them, which the form calls default.
Can I fill out the Illinois petition for divorce online?
Yes. You can fill out the form online on FillingPDF and download or print the PDF. FillingPDF is independent, is not the Illinois courts and does not file the petition; you file it with the Circuit Clerk. For e-filing, flatten the saved PDF first.
How do I sign the petition?
If you fill out the form online, sign by typing your name; if you fill it out by hand, sign and print your name. Your signature means everything is true and correct and that a false statement is perjury under 735 ILCS 5/1-109.
Can I keep my address secret from my spouse?
Yes, if disclosing it would put you or your household at risk, such as because of domestic violence. Use an alternative address where you can receive mail about the case and check the alternative-address box above your signature.
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