Fillable Printable Joint Simplified Dissolution of Marriage - Illinois

Joint Simplified Dissolution of Marriage - Illinois

CIRCUIT COURT OF ILLINOIS

SIXTH JUDICIAL CIRCUIT

CHAMPAIGN COUNTY

JOINT SIMPLIFIED DISSOLUTION OF MARRIAGE

INFORMATION AND INSTRUCTIONS

This brochure is being provided to you along with the necessa ry forms for filing a Joint Simplified Di ssolution of Marriage.

This type of dissolution pro ced ure is not for everyone – there are limitations on, among oth er items, the length of the

marriage, the amount of property owned and the income of the parties. You should read this brochure carefully to see if

this procedure is available to you. This brochu re also includes general information on dissolu t ions of marriages and

instruct ions for co mplet i ng f orms.

GENERAL INFORMATION CONCERNING DISSOLUTIONS OF MARRIAGES

A dissolution of marriage (commonly referred to as a divorce) is a serious legal step which should not be taken without

considerable thought. If you are considering such a proceeding, you should note the following:

• It is in the best interests of each of the parties to cons ult attorneys regarding the dissolution of their marriage. The

services of attorneys may be obtained.

• You should not rely exclusi vely on this brochure. This brochure is intended only as a guide for self-

representation.

• Marriage counseling services are available to you in your community. Your Circuit Clerk can provide you with a

list of the services availabl e.

• If you use this Joint Simplified proceeding, you will lose any right you may have had to maintenan ce (commonly

known as alimony). Once you lose the right to maintenance in a legal proceedi ng, you can never again obtain

maintenance from your former husband or wife.

• A Judgment of dissolution of marriage (divorce) permanently settles all financial rights arising out of your

marriage, including the righ t to property held in the name of your husband or wife and the right to support from

your husband or wife. A Judgment entered in a dissolution proceeding is final. You will have n o right to appeal.

Such a judgment may only be set aside on ground s of fraud, duress, accident, mistake, or other grounds at law or

in equity.

• You and your spouse remain married and cannot rem arry until a Judgment di ssolving your marriage is signed by

the Judge.

WHO MAY USE THE JOINT SIMPLIFIED DISSOLUTION OF MARRIAGE PROCEDURE?

To use the Joint Simplified Dissolution of Marria ge procedure, the following m ust apply to you and your spouse.

• Irreconcila ble differences have caused the irretrievable breakdown of your marriage. All efforts at reconciliation of

the differences have failed and future attempts at reconciliation would not be in the best interest of you and your

spouse.

• You and your spouse must have lived separate and apart for at least six (6) m onths and you must be willing to

waive the requirement for a two year se paration before obtaini ng a dissolution on the ground s of irreconcilable

differences.

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

• You must have been ma rried less than eight (8 ) years and either you or your spouse (o r both) must have lived in

the State of Illinois for at least ninety (90) days immediately prior to filing for the dissolution.

• No children were born to or adopted by you and your spouse during your relationship and the wife is not now

pregnant.

• Your joint annual gross income from all sources must be less than $35,000.00 (and neither is over $20,00 0.00).

The total value of marital property you and your spouse own, less any encum brances (amount owed on the

property, such as the amount owed on a car loan), must be less than $10,000.0 0. Neither you nor your spouse

may own any real estate.

• You and your spou se each must be willing to permanently give up any right to maintenance (alimony).

• You and your spou se must have disclo sed to each other all assets each of you might have, and disclosed all tax

returns filed during your ma rriage.

• You and your spou se must sign a written agre ement dividing between yourselves all marital assets worth more

than $100.00 and dividing responsibility for all debts and liabilities. You must divide the property and sign and

exchange all documents (such as automobiles titles, etc.) necessary to carry out the agreement before any court

hearing.

• You and your spou se must waive any rig ht you may have to a bifurcated heari ng on your dissolution petition (a

hearing hel d in two parts, one to decide the issues related to the dissolution and another to decide any pro perty or

other issues).

INSTRUCTIONS FOR COMPLETING THE FORMS

There are four forms which must be completed to obtain a Joint Simplified Dissolution of Marriage. All of these forms

have been drafted to be self-explanatory and as easy to complete as possi ble.

Forms: Affidavi t in Support of Joint Petition for Simplified Dissolution of Marriage

Joint Affidavit for Simplified Dissolution of Marriage Agreement as to Assets and Debts

Joint Petition for Simplified Dissolution of Marriage

Judgment for Simplified Dissolution of Marriage

With all four form s, you should either fill out the forms online, then print them or print them and then fill them out carefully

using a typewriter or printing neatly with ink. Fill out all forms completely. Your Circuit Clerk will insert the case Number

(“Case No.”) on the Petition and Judgment.

The “Joint Affidavit for Simplified Dissolution of Marriage Agreement as to Assets and Debts” m ust be signed in

front of a Notary Public. You should file a copy of your written agreement dividing marital assets, debts and liabilities at

the time you file your Petition.

The “Judgment for Simplified Dissolution of Marriage” need not be signed in front of a Notary, but should be

completed and signed by both parties (b elow the words “Approved and Agreed”) before your hearing. The Judge will

complete the “Enter” line and sign the Judgment if the dissolution is granted.

If the wife wishes to return to her maiden or former name, you should complete section C. of the Petition and Section F. of

the Judgment .

In addition to these four forms, the Circuit Clerk will give you a Certificate of Dissolution of Marriage which you must

complete.

_________________________________________________________________________________________________

Other than providing this brochure and these forms, Circuit Cle rks

are prohibited by law from giv i ng any legal adv i ce.

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

CIRCUIT COURT OF ILLINOIS

Sixth Judicial Circuit

Champaign County

IN RE: THE MARRIAGE OF:

________________________________ )

CO-PETITIONER )

)

and ) Case No. __________________

)

________________________________ )

CO-PETITIONER )

JOINT AFFI DAVIT REGARDING SEPARATION OF THE PARTIES, DIVISION OF

PROPERTY AND DEBT AND WAIVER OF BIFURCATED HEARING

Co-Petitioners, , and , being first sworn on

their oaths, depose an d state as follows:

1. That irreconcilable differences have caused the irretrievable brea k down of their marriage.

2. That all efforts at reconcilia tion of the differences bet ween the parties have he retofore failed or future attempts at

reconciliation woul d be impracticable and not in the best interests of the parties.

3. That the parties have lived separate and apart for a continuous peri od of more than six (6) months prior to the date of

this Affidavit, having separated on or about , , and have remained living separate for

all times thereafter.

4. a. That each of the parties hereto expressly waive the requirement that the continuous period of living separate and

apart be in exce ss of two (2) years in order for the co urt to enter a Dissolution of Marriage based upon irreconcilable

differences which have ca used the irretrievable breakdo wn of their marriage.

b. Each of the parties further stipulates that the requirement shall be reduced to a period only in excess of six (6)

months rather than in excess of two (2) years as provided by Section 401(a)(2) of the Illinois Marri age and Dissolution

of Marriage A ct.

5. That the marital property and debt belonging to the parties has be en divided according to the term s of the written

agreement of the parties filed with the Joint Petition for Simplified Dissolution of Marria ge in this cause, and that the

parties have execute d all documents required to carry out the agreement.

6. That the parties waive any right either may have to a bifurcated hearing in this cause.

7. That each of the parties represents that t heir signing of the Affidavit is their individual, sole, and voluntary act.

8. That each of the parties a c knowledges that he/she ha s the right to consult with an attorney and either do ne so or has

freely chosen not to do so.

_____________________________________ _________________________________________

(Co-Petitioners Signature) (Co-Petitioner’s Signature)

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

CIRCUIT COURT OF ILLINOIS

Sixth Judicial Circuit

Champaign County

IN RE: THE MARRIAGE OF:

________________________________ )

CO-PETITIONER )

)

and ) Case No. __________________

)

________________________________ )

CO-PETITIONER )

JOINT AGREEMENT AS TO ASSETS AND DEBTS FOR

SIMPLIFIED DISSOLUTION OF MARRIAGE

Now come , Co-Petitioner, and , Co-Petitioner,

and hereby agree to the following distribution of all marital assets in excess of One Hu ndred Dollars ($100.00) in value

and the following division of all marital debts and liabilities.

MARITAL ASSETS

Description of Assets and Estimated Value Party to Receive Asset

(List all marital assets in excess of one-hundred dollars (Enter name of Party [Husband or

[$100.00] in value, Assets of low e r value may be listed) wife] who will receive the asset)

1. ___________________ _________________________________ ________ ___________________

2. ___________________ _________________________________ ________ ___________________

3. ___________________ _________________________________ ________ ___________________

4. ___________________ _________________________________ ________ ___________________

5. ___________________ _________________________________ ________ ___________________

6. ___________________ _________________________________ ________ ___________________

7. ___________________ _________________________________ ________ ___________________

8. ___________________ _________________________________ ________ ___________________

9. ___________________ _________________________________ ________ ___________________

10. ____________________________________________________________ ___________________

11. ____________________________________________________________ ___________________

12. ____________________________________________________________ ___________________

13. ____________________________________________________________ ___________________

14. ____________________________________________________________ ___________________

15. ____________________________________________________________ ___________________

Page 1 of 2

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

MARITAL D E BTS A ND LIABILITIES

Description of Debt or Li ability Amount Account Number Party to Pay Debt

(List all Marital Debts and Liabilities) (List total balance due) (List Account Number where (enter name of Party [Husband

applicable) or Wife] who will be responsible

for paying Debt or Liability)

1. ___________________ __________________ _________ ________________ __________________

2. ___________________ __________________ _________ ________________ __________________

3. ___________________ __________________ _________ ________________ __________________

4. ___________________ __________________ _________ ________________ __________________

5. ___________________ __________________ _________ ________________ __________________

6. ___________________ __________________ _________ ________________ __________________

7. ___________________ __________________ _________ ________________ __________________

8. ___________________ __________________ _________ ________________ __________________

9. ___________________ __________________ _________ ________________ __________________

10. ________________ _____________________ _________ ________________ __________________

11. ________________ _____________________ _________ ________________ __________________

12. ________________ _____________________ _________ ________________ __________________

13. ________________ _____________________ _________ ________________ __________________

14. ________________ _____________________ _________ ________________ __________________

15. ________________ _____________________ _________ ________________ __________________

Dated this ________ day of _____________________, 20___.

__________________________________________ __________________________________________

Co-Petitioner’s Signature Co-Petitioner’s Signature

Subscribed and sworn to before me this Subscribed and sworn to before me this

_______ day of _________________, 20__. ________ day of _________________, 20__.

______________________________________ ________________________________________

Notary Public Notary Public

(SEAL) (SEAL)

Page 2 of 2

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

CIRCUIT COURT OF ILLINOIS

Sixth Judicial Circuit

Champaign County

IN RE: THE MARRIAGE OF:

________________________________ )

CO-PETITIONER )

)

and ) Case No. __________________

)

________________________________ )

CO-PETITIONER )

JOINT PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

THE PARTIES HAVE READ THIS PETITION AND PURSUANT TO LAW, CER TIFY THAT THE INFORMATION IN THIS

PETITION IS TRUE.

THE CO-PETITIONERS STATE:

1. THEIR MARRIAGE RE GISTRATION AND MARITAL CIRCUMSTANCES ARE:

MARRIAGE

DATE

CITY

COUNTY

STATE

SEPARATION

DATE

HUSBAND WIFE

Name Name

Residence Address

County Residence Address County

City State City State

Social Securit y # Birthdate Social Securit y # Birthdate

Occupation Age Now Occupation Age Now

Residence in Illinois 90 days

immediately before filing?

Residence in Illinois 90 days immediately

before filing?

Length of Residence in Illinois (ye ars)? Length of Residence in Illinois (years)?

Page 1 of 2

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

2. THE CO-PETITIONERS FURTHER STATE:

(a) The duration of the marriage does not exceed eight (8) years.

(b) Irreconcilable differences have caused the irretrievable breakd own of the marriage and the parties have b een

separated six (6) months or more. Efforts at reconciliation have failed or future efforts at reconciliation would

be impracticable and not in the best interests of the family.

Wife, to her knowledge, i s not pregnant by the Husband.

(d) Neither party is dependent on the other party for support or each party is willing to waive the right to support.

Each party understands that prior consul tation with an attorney may have helped to determine eligibility for

spousal support.

(e) Each party waives any right to spou sal support.

(f) Neither party has a ny interest in real estate.

(g) The total fair market value of all marital property, after deducting al l debts owed, is less than $10,000.

(h) Husband’s gross annual income from all sources is $ . Wife’s gross annual income from all

sources is $ . The total annual income of both parties is less than $35,000, and n either is over

$20,000.

(i) Both parties have disclosed to each other all assets and their tax returns for all years of the marri age.

(j) The parties have executed a written Agreement dividing all assets in excess of $100 in value and allocating

responsibility for debt s and liabilities betwee n themselves. A copy of the Agreement, signed by both parties,

is filed with this Petition.

WHEREFO RE, THE PARTIES SEEK A DISSOLUTION OF THEIR MARRIAGE, AND ASK THAT:

A. Each party’s right to spousal support be forever barre d and terminated.

B. The written Agreement of the parties dividing marital assets, debts and liabilities, a copy of which is filed with

this Petition, be incorporated into the final order and judgment of this Court granting the Joint Petition for

Simplified Dissolution of Marriage.

C. (Optional) That the Wife be resto re d to her former or maiden name:

(Wife’s maiden OR former name)

VERIFICATION BY CERTIFICATION

Under penalties of perjury as provided by Law pursuant to Sec. 1-109 of the Code of Civil Procedure, the undersigned

certify that the statements set forth in thi s instrument are true and correct except as to matters herein to be on informatio n

and belief.

Dated this _____ day of __ __________, 20___.

__________________________________________ __________________________________________

Co-Petitioner’s Signature Co-Petitioner’s Signature

Page 2 of 2

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

CIRCUIT COURT OF ILLINOIS

Sixth Judicial Circuit

Champaign County

IN RE: THE MARRIAGE OF:

________________________________ )

CO-PETITIONER )

)

and ) Case No. __________________

)

________________________________ )

CO-PETITIONER )

JUDGMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

This cause was heard o n the parties’ Joint P etition for Simplified Dissolution of marriage, both parties appear ing in person. The Court,

having jurisdiction of the parties and th e subject matter and after examination of the Petiti on and the parties, F I NDS the parties’

marriage registration and marital circumstances are as foll ows:

MARRIAGE

DATE

CITY

COUNTY

STATE

SEPARATION

DATE

THE COURT FINDS:

(a) One or both parties have met the residency requirement of Section 401 of the Illinois Marriage and Disso lution of Marriage Act.

(b) At filing, the duration of the marriage did not exceed eight (8) years.

(c) Irreconcilable d ifferences h ave caused the irretrievable breakdown of the marriage an d the parties have b een separation six

(6) months or more. Efforts at reconciliation have fai le d o r future attempts at reconciliation would be impracticable and not in

the best interests of the family.

(d) No children were born of the relationship of the parties or adopted by the parties during the marriage, and the

Wife, to her knowledge, i s not pregnant by the Husband.

(e) Neither party is dependent on the other party for support, or each party is willing to waive the right to support.

Each party understands that prior consul tation with an attorney may have helped to determine eligibility for

spousal support.

(f) Each party has waived any right to spousal support.

(g) Neither party has a ny interest in real estate.

(h) The total fair market value of all mutual property, after deducting all debts owed, is less than $10,000. The total

annual income of both parties from all sources is less than $35,000, and neither is over $20,000.

(i) The parties have disclosed to each other all assets and tax returns for all years of the marriage.

Page 1 of 2

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801

(j) The parties have execute d a written Agreement dividing all assets in exce ss of $100 in value and allocating

responsibility for debt s and liabilities betwee n themselves. A copy of the Joint Agreement, filed with the Joint

Petition, has been reviewed by the Court and is not unconscionable/

WHEREFORE, IT IS ORDERED:

A. A Judgment of Dissolution of Marriage is awarded to the parties and marri age existing between them is hereby

dissolved.

B. Spousal maintenance is terminated and forever barred .

C. Each party shall earn income and own personal property in his/her own name, possession or control free and

clear of any claims of the other.

D. Each party shall be sol ely liable for any debts he/she may personally incur and neither shall b e liable for any debt

or liability incurred by the other.

E. The written Agreement filed with the Joint Petition is incorporated into this Judgment.

F. (OPTIONAL) The Wife is restored to her form nam e of :

(Wife’s maiden OR former name)

ENTERED this _____ day of _______________, 20___.

_____________________________________________

Judge

APPROVED AND AGREED

Dated this _____ day of __ __________, 20___.

__________________________________________ __________________________________________

Co-Petitioner’s Signature Co-Petitioner’s Signature

Page 2 of 2

Linda S. Frank

Clerk of the Sixth Judicial Circuit Court

101 E Main St

Urbana, IL 61801