A notice for a court date shows up in your mail, but the notice does not say much. It gives you a courtroom, a time, and a case number. It does not tell you whether anyone expects you to be there. It does not say whether you can call in from your kitchen table. And it says nothing about what happens if you skip it. Those dates are the steps in the Illinois divorce litigation process, and each step has a different purpose.
Knowing whether you need to be present in person at the courthouse can be a guessing game. Do you need to burn a vacation day to appear, only to find out you did not need to be there or could have attended virtually? Should you just skip it and risk missing something crucial happening in your case?
Here is the short answer. In Domestic Relations Court, there are court appearances where only the attorneys or pro se litigants need to appear. There are others where everyone appears, meaning both spouses and both lawyers. And most court dates in Illinois can now be attended virtually via Zoom without asking anyone first. However, there are court dates when you cannot appear virtually without the judge’s permission.
Key Takeaways
- If you are representing yourself, you go to every court date. No exceptions.
- If you have a lawyer, you are needed for hearings, pre-trials, and trial. You are also needed for any date the judge orders you to attend. However, these can also vary depending on the judge. So, always ask your lawyer if you need to be present at a court date.
- Most other court dates can be attended virtually without asking permission first.
- For the most part, dates where testimony or settlement happens are the ones that require permission to attend remotely.
- Missing a date you were required to attend can mean an order gets entered without your side of the story or a judge strikes your pending motion.
Here is every court date in an Illinois family case, at a glance:
| Type of court date | Do you have to be there? | Can you appear virtually? |
| Status date | No, if you have a lawyer | Yes, no permission needed |
| Presentment of a motion | No, if you have a lawyer | Yes, no permission needed |
| Emergency motion | Yes, even if you have a lawyer | Sometimes; it depends on the judge |
| Hearing | Yes | Only with the judge’s permission |
| Pre-trial conference | Sometimes; it depends on the judge and the issues set for the pre-trial conference | Only with the judge’s permission |
| Trial | Yes | Only with the judge’s permission |
One rule applies to all six: if you are representing yourself, you attend everything, and the judge can require anyone to appear in person for reasons particular to the case.
Do I Have to Go to Every Court Date in My Illinois Divorce?
If you are representing yourself pro se, you will need to be at every scheduled court date on your case. Nobody else is there to speak for you, so the case stops when you do not show up. If you are represented by an attorney, there are only several mandatory instances when you would also have to appear in court. Those are hearings, trials, and emergency motions, and sometimes pre-trials, depending on the judge. You also appear on any date the court orders you to be there.
However, although it is not mandatory that you appear at every court date, you can attend. I have many clients who like to attend court with me so that they can see what goes on. It also lets the judge place a name with a face. That is worth more than people expect. Judges notice who shows up on time and pays attention. No filing does that for you.
If you are not sure which category your date falls into, ask your attorney beforehand. Not the morning of. Send a one-line email the week before and you will know.
Can I Attend an Illinois Court Date by Zoom or Video?
For most court dates, yes, and you do not need to ask first. Under Illinois Supreme Court Rule 45, case participants may attend civil court proceedings remotely without any advance approval. Family cases are civil cases, so this covers most of the dates in a divorce or parentage case.
Four kinds of proceedings are carved out, and for those you have to get permission from the judge:
- Evidentiary hearings, meaning any hearing where witnesses testify
- Settlement conferences, which in a family case is your pre-trial
- Bench trials, which is what a divorce trial is
- Jury trials
The pattern is easy to remember. When the judge is only managing the case, you can appear from anywhere. When the judge is weighing testimony or working toward settlement, the court wants you in the room.
Two practical points. A judge always keeps discretion to require someone in person for reasons particular to the case, and must say so on the record. Each courthouse publishes its own remote access details. Check the judge’s page or call the Clerk rather than assuming a link will arrive.
What Is a Status Date in an Illinois Divorce?
A status date, also called a progress call, is a check-in. Your case is called in open court and the lawyers report on where things stand. The court wants to know what has been done to move the case along. It also wants to know whether it can help. The judge may ask about new issues, whether the case is on schedule, and how discovery is going. Some judges also ask what orders would help move it along.
If you have a lawyer, you do not need to attend. It can also be handled virtually with no permission needed. These are short and administrative, and many last under five minutes depending on the court’s call that day.
What Happens at the Presentment of a Motion?
Either side can file motions while the case is pending. Common ones ask for exclusive possession of the marital home, a parenting time schedule, or temporary maintenance or child support. On the presentment day, your lawyer tells the judge what has been filed. The other side gets time to respond in writing. The judge then sets a hearing date, or a briefing schedule if there is work to do first.
Presentment decides nothing about the merits. Your attendance is not required if you are represented, and virtual appearance is allowed without permission.
What Is an Emergency Motion in Family Court?
Either party may bring an emergency motion with minimal notice (sometimes less than 24 hours’ notice) when circumstances require it. These motions require the judge to rule immediately, based on the facts presented that day. A child’s safety is the most common reason, and an emergency custody motion in Chicago has to show a risk or endangerment of the child that cannot wait for the next status date. The judge may make a ruling that day or may decide it is not an emergency, request further information, and set it on the status call.
Emergencies are the one category that does not sort neatly, because whether you appear in person or virtually depends on the judge. If the judge takes testimony, it becomes an evidentiary hearing, and the remote rules for hearings apply. Plan to attend, even if you have a lawyer. These move fast, and your lawyer may need answers from you in the moment.
What Is a Hearing in an Illinois Family Law Case?
A hearing is a mini-trial on one or two issues. Each party will present facts to the judge on a particular issue. Testimony may be given, and the judge then rules on that issue.
You attend. Your testimony may be part of it, and the judge is deciding something real. It is worth knowing the questions the other lawyer will ask you before you sit down. If the hearing is about your children, preparing for a custody hearing means having the dates, the messages, and the school records in order before you take the stand. This is also one of the four proceedings where virtual appearances require permission. Raise it with your attorney early if travel or work makes attendance hard.
What Is a Pre-Trial Conference in a Divorce?
A pre-trial conference is a settlement meeting that the lawyers have with the judge. The first pre-trial usually occurs before the case is set for trial. It comes once discovery is done or nearly done. More pre-trials often follow, just before or during trial.
The lawyers get to present their clients’ version of the facts and settlement positions to the judge. They accomplish this quickly and efficiently because they can speak freely. None of the evidence rules that slow a trial apply. Neither lawyer can mislead the judge, because the other lawyer is sitting right there to correct the record.
The judge hears the main facts of the case. The judge then says how he or she would likely rule on those facts if the case were to go to trial. That becomes the court’s recommendation for settlement. However, the parties are not required to accept the court’s recommendation and are free to proceed to trial.
This is often the most useful day in the whole case. It is the first time anyone hears how the judge sees it. Your attendance in person or virtually depends on the judge. If you are required to be in person, you stay available while the lawyers are in with the judge. Your lawyer will step out and ask you how you want to respond. A pre-trial is a settlement conference, which is one of the proceedings where remote attendance requires the court’s permission.
What Happens at a Divorce Trial in Illinois?
If the parties cannot reach an agreement, trial is the last step. Each side puts on its facts, exhibits, and witnesses. The judge then rules on every open issue, usually the finances and the parenting arrangement. You attend, and a virtual appearance requires the judge’s permission. Preparing for a family law trial starts weeks and months ahead: exhibits marked, witnesses confirmed, and your own testimony worked through with your attorney.
Most divorces never reach this point. The ones that end by agreement finish at a prove-up, a short hearing where the judge confirms the terms are yours and enters the judgment.
What Happens If You Miss a Court Date in Illinois?
It depends on which date you missed. If you were not required to attend and your lawyer appeared, usually nothing happens. If you were required to attend, the court can proceed without you. Orders entered in your absence rest on the other side’s version of the facts. In a case with no lawyer on your side, the court can enter a default judgment, and avoiding a default is far easier than undoing one.
Support cases carry an additional risk. When a party ignores a court order to appear, an Illinois court can issue a body attachment. That directs law enforcement to bring the person to court.
If you know in advance that you cannot make a date, tell your attorney immediately. Courts routinely grant a continuance of a trial or hearing date when someone asks ahead and has a real reason. Asking beforehand is a different conversation than trying to explain afterwards.
Know Which Illinois Court Dates Require You, Before the Date Arrives
Every court date on your case falls into one of six categories. For some, the answer about attending is clear; for others, it depends on the judge. The mistake worth avoiding is guessing. Taking a day off you did not need is an annoyance. Missing the hearing where the judge sets your parenting time is something else. If you have a date on the calendar and no clear answer, call the family law attorneys at Anderson Boback & Marshall. We will tell you what the date is and whether you need to be there.
Frequently Asked Questions About Illinois Court Dates
Do both spouses have to attend a status date in Illinois?
No. A status date is a progress report, and in an Illinois divorce the attorneys handle it. Neither spouse is required to be there when both sides have lawyers. If both spouses are self-represented, both must attend, because there is nobody else to report to the judge.
Do my children have to come to court in an Illinois custody case?
Almost never. Illinois family courts avoid putting children on the witness stand. When a judge needs to know a child’s views, the usual route is a guardian ad litem or a child representative, an attorney appointed to investigate and report. Bring your children to the courthouse only if the judge has ordered it.
What happens if my spouse does not show up to court?
If your spouse was required to appear and does not, the Illinois judge can proceed without them and enter orders on your evidence alone. When a spouse has never responded to the case at all, the court can enter a default judgment. Judges often give one continuance first, particularly early in a case.
Do I have to go to court if my divorce is uncontested?
Usually once. An uncontested Illinois divorce still ends with a short final hearing called a prove-up, where the petitioning spouse testifies briefly and the judge enters the judgment. The other spouse frequently does not need to attend, and the court dates before that point are typically handled by the attorneys.
Can I attend my divorce hearing by Zoom in Illinois?
Only with the judge’s permission. Most Illinois court dates can be attended remotely with no advance approval, but evidentiary hearings are one of four carve-outs under Illinois Supreme Court Rule 45, along with settlement conferences and trials. Ask early, because the request goes to the judge and not to the clerk.
Can the judge make me come to court in person?
Yes. An Illinois judge keeps discretion to require any participant in person for reasons particular to the case, and must state that requirement on the record. Remote attendance is the default for most proceedings, not a guarantee.
