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Illinois Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Illinois. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Illinois, certain forms may or may not be required by the Illinois courts.
Joint Petition for Simplified Dissolution of Marriage
When a couple agree to a simplified dissolution, they can file a Joint Petition for Simplified Dissolution of Marriage if they meet a number of strictly defined criteria. The petition stipulates that they meet the 11 criteria for the action. The husband and wife become Co-Petitioners and must both attend a dissolution hearing.
Verification of Simplified Dissolution of Marriage
The Verification attests to the truth of the Joint Petition. Both parties must sign and the Verification must be notarized.
Joint Affidavit Regarding Separation of the Parties Division of Property and Waiver of Bifurcated Hearing
Filed in conjunction with the Joint Petition, the Joint Affidavit Regarding Separation of the Parties Division of Property and Waiver of Bifurcated Hearing, by joint agreement, 1) shortens the two-year waiting period to six months and 2) waive any right to a bifurcated hearing about property division.
Agreement to Assets and Debts
Filed a part of a simplified dissolution, the Agreement to Assets and Debts, which must be notarized, stipulates the division and distribution of marital assets and liabilities.
Judgment for Dissolution of Marriage
The Judgment, prepared by the parties, becomes a Court Order, which mandates that the parties execute the terms and conditions of the Agreement to Assets and Debts, denies either party maintenance, and prohibits either spouse from making claims against the other.
Petition for Dissolution of MarriageIn a divorce action, the Plaintiff files one of two petitions. They are:
> Petition for Dissolution of Marriage - No Children, which is used when the couple have no children and asks the court to end the marriage, or
> Petition for Dissolution of Marriage - Children, which is used when the couple have children and ask the court to end the marriage.
The Summons informs the Defendant that the dissolution has been filed and gives him or her 30 days to file a Response or face a default judgment against him or her.
Stipulation to Waiver of Two Year Requirement
In uncontested actions, spouses, who have separated for "a continuous period of not less than six months," may jointly file a Stipulation to Waiver of Two Year Requirement asking the court to "waive the normal two-year separation requirement."
Application to Proceed as a Poor Person
An indigent spouse may file this application allowing him or her to proceed with the action as a poor person.
Joint Parenting Agreement
A Joint Parenting Agreement defines the terms and conditions of custody and visitation when parents share custody.
Entry of Appearance, Waiver and Consent
When the Defendant agrees to the divorce, he or she can sign and file an Entry of Appearance, Waiver and Consent. The Entry waives formal service of Summons and the Petition, waives "any right...to property other than that which will be awarded...in accordance with the terms of the order for Judgment of Dissolution of Marriage," and consents to the action moving forward as a default proceeding. An Entry of Appearance, Waiver and Consent-Military is used when a party waives any rights under the Soldiers' and Sailors' Act (now called the Servicemembers' Civil Relief Act).
Marital Settlement Agreement
The Marital Settlement Agreement, which is negotiated by the spouses, may be incorporated or merged into the Judgment of Dissolution. It spells out the terms and conditions of the divorce -- property division and distribution, alimony and child support.
Judgment of Dissolution -- Children, No Children
The Judgment of Dissolution is a Court Order that ends the marriage. There is a form for couples with children and one for couples without children.
Notice of Hearing
The Plaintiff sings and sends this form to the Defendant to inform him or her that a hearing on their dissolution of marriage has been scheduled.
Certificate of Mailing of Notice of Hearing
The Plaintiff files this certificate, which attests to the fact that he or she mailed the Notice of Hearing to the Defendant.
Certificate of Mailing of Judgment of Dissolution of Marriage
This certificate, completed by the Plaintiff, attests to the fact that he or she mailed a copy of final Judge of Dissolution to the Defendant.
Notice to Withhold Income for Child Support
This notice goes to the employer of the parent obligated to pay child support (usually the noncustodial parent). The Notice directs the employer to withhold income from the pay of the obligor parent, and it spells out the amounts and the terms and conditions of child support. the Notice is sent to the employer by certified mail, return receipt requested.
Affidavit of Service of Notice To Withhold Income for Child Support
This affidavit is filed with the Clerk of Courts after the service of the Notice to Withhold Income for Child Support to the employer. The green postal return receipt is attached to the affidavit.
Child Support Information Sheet
This information sheet lists pertinent information about both parents in conjunction with child support.
Uniform Order for Support
This standard form is used by the court to define the terms and conditions of the court orders regarding child support or spousal maintenance. It describes payment arrangements, delinquency consequences, insurance and any additional conditions and findings as are pertinent to the case.
Letter to State Disbursement Unit
This cover letter, which includes a copy of the Uniform Order for Support and the Child Support Information Sheet, goes to the State Disbursement Unit, which is the third-party in charge of the collection of support payments.
Letter to Division of Child Support Enforcement
This letter, which includes a Notice to Withhold Income for Child Support, informs the Illinois Division of Child Support Enforcement that income is being withheld from the pay of the obligor parent.
Letter to Employer of Party to Pay Support
This letter informs the Employer of the payor that he or she is paying support.
In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
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