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Your Address: You have lived in this state for at least 90 days preceding the filing of this case? You were married to X on X date? You were married in Chicago, Illinois and the marriage was registered therein? No children were born to or adopted during this marriage? If neither party is paying the other, the Judge will be interested to hear how the parties will be supporting themselves.
That irreconcilable differences have arisen between the parties causing an irretrievable breakdown of the marriage. Both of you have attempted reconciliation and all attempts at reconciliation have failed. Future attempts at reconciliation would be impracticable and would not be in the best interest of the family. You have been living separate and apart and not as husband and wife since X date?
Have you and your spouse in this agreement attempted to settle between you, questions of property rights, maintenance, and all other issues? Do you recognize the signatures on the last page of your marital settlement agreement? Here are some important agreements within this document: Marital debts — how have you divided them? Real Property — how have you divided it? Bank Accounts — how have you divided them?
Asking for a Custody Order
Retirement Plans — how have you divided them? Personal property in the house — how have you divided them? Vehicles: — how have you divided them? Did you freely and voluntarily enter into these agreements? Nobody forced you into entering into the agreements? You are not under the influence of anything that impairs your ability to understand what is taking place today?
Did you make a full and fair disclosure of all of your assets and Liabilities in negotiating this agreement? You May Also Like. October 31, At a minimum, however, you will need to file a Petition for Dissolution of Marriage written request for a divorce. The spouse that files the divorce petition is called the "plaintiff" or "petitioner," and the other spouse is the "defendant"or "respondent.
If you live in the greater Chicago area and will be filing in Cook County, you must file the following forms:.
Divorce and QILDROs
If you and your spouse settle your divorce before it goes to trial, Illinois law requires you to present your agreement and all related documents at a "prove up" hearing. During the hearing, you must be prepared to answer the judge's questions about how your agreement splits up the marital property and supply any requested documentation to support your answers. The Illinois Legal Aid website provides a Prove Up Checklist , which is useful for making sure you have all the proper documents assembled for the court's review.
Once you have filled out all the required forms for your particular county, you must file them with the clerk of court. In most jurisdictions, the clerk's office is conveniently located within the courthouse. Be prepared to pay your filing fee when you submit your documents to the clerk. It's best to take cash or a certified check, as most jurisdictions will not accept debit cards or personal checks.
Illinois law allows the filing spouse to "serve" the other spouse by private process server, sheriff's service, or publication.
What to Expect at a Prove-Up Hearing
Sheriff's service is the preferred method of service in most Illinois counties. Once the sheriff has delivered your papers, you will receive a proof of service document, which you must file with the court. If you can't locate your spouse, Illinois law also allows you to publish notification of the divorce in a local newspaper.
Service by publication can cost several hundred dollars, however, so it's best to exhaust all efforts to track down an address before resorting to this option.
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A growing number of Illinois counties also require both sides to file a Financial Disclosure Statement with the court. The form, which requires each party to list out his or her assets and debts, streamlines the process of dividing marital property.
See our section on Illinois Divorce and Family Law for more information on the process and related legal issues. How can you help that child?
One way is to become the child's legal guardian. Please read all of this information and learn everything you can before deciding to seek a guardianship. A legal guardian takes over day-to-day decision making and control of the child from the natural guardian under a court order. A legal guardian, generally speaking, takes over the care and upbringing of the child, making all parenting decisions.
The guardian can:. Legal guardianship does not include financial responsibility; this remains with the parents. However, as a practical matter - depending on the parents' situation - guardians often provide financial support. Note: Generally, an adult with a simple power of attorney over a child may not enroll the child in that adult's local public school.
However, some schools will allow this if the child's parents live in the same district.
At the same time, "homeless" students have the right to attend school under federal law. The Probate Court can appoint a legal guardian for minor children when it is appropriate. Each county in Maine has a Probate Court. Find a listing here. This law is meant to prevent more than one case about the same child from happening in different courts.
Cases about the guardianship of a minor can now be heard in either Probate or District Court. Courts use a Jurisdictional Affidavit to find out about all of the cases involving a child, and to figure out which court has the power to make a decision about guardianship. They do this to make sure they are following the Act. You will need to file a Jurisdictional Affidavit.
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You will need to get and complete several forms. Go to the Probate Court office in the county where the child lives. Explain to the clerk that you want to petition for guardianship of a minor child. She will give you the appropriate forms. The courts charge for the forms, as well as for filing them.
Related sample of self draft petition for illinois divorce
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