ILLINOIS DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a Illinois uncontested divorce. You will notice that some of the documents apply to children. If you do not have minor children, these documents are typically not required when you file for divorce in Illinois.

Understanding the Illinois Divorce Papers:

• Petition for Dissolution of Marriage: The petition identifies the parties, gives the date of the marriage and place of registration, certifies that the parties meet the residency requirements; confirms that the grounds exist; states the names of children, states arrangements for spousal and child support, and states any relief sought. This is the document that officially asks the court for the divorce.
• Verification Statement: A declaration at the end of the petition certifying that the statements contained are "true and correct, except as to matters stated to be on information and belief".
• Waiver of Two Year Statutory Period of Separation (Petitioner): This form stipulates that the petitioner, having lived separate and apart for not less than six months, seeks a waiver of the two-year statutory period to obtain a Judgment for Dissolution without proof of fault.
• Waiver of Two Year Statutory Period of Separation (Respondent): This form stipulates that the respondent, having lived separate and apart for not less than six months, seeks a waiver of the two-year statutory period to obtain a Judgment for Dissolution without proof of fault.
• Marital Settlement Agreement: A notarized agreement between the petitioner and the respondent spelling out the terms and conditions by which they mutually agree to end their marriage.
• Schedule for Visitation/Parenting Time of Minor Children: A written outline of the time each parent has the children. This typically pertains to overnights, weekends, and holidays.
• Financial Disclosure Statement (Petitioner): The form, which is notarized, requires the petitioner to list his or her income and expenses, assets and debts. It shows the court that each spouse has disclosed the proper financial information with one another prior to the divorce being finalized.
• Financial Disclosure Statement (Respondent): The form, which is notarized, requires the respondent to list his or her income and expenses, assets and debts. It shows the court that each spouse has disclosed the proper financial information with one another prior to the divorce being finalized.
• Child Support Calculation Worksheet: This form is used to calculate the minimum amount of child support paid by the noncustodial parent, which is a percentage of his or her gross income.
• Declaration Under the Uniform Child Custody Jurisdiction Act: This form details the five-year residential history of children involved in a divorce. It establishes that children over the age of six months have lived in Illinois for at least the last six months, or that children under the age of six months have lived in Illinois since birth; that "on information and belief," no other legal proceedings or court orders involving the custody or visitation of the children, and that there are no other custody cases pending in Illinois or other jurisdictions.
• Entry of Appearance, Waiver, and Consent: Signed by the defendant, this notarized statement enters his or her appearance in the case, and waives service of process and consents that the same proceedings may proceed as if he or she had been served. The entry of Appearance, Waiver, and Consent expedites the divorce case.
• Uniform Order for Support: This form details the terms and conditions of child support, including the amount and frequency of payments (i.e., weekly, bi-weekly, bi-monthly, monthly); the party responsible for providing health insurance for the child or children; the percentage of uninsured medical costs for which payor is responsible; method of payment (deducted from payor's paycheck or payor is responsible for making the payments directly) or to the Illinois State Disbursement Unit; the termination date for support payments, and the penalty for late support payments.
• Judgment for Dissolution of Marriage: The Judgment of Dissolution is a Court Order that ends the marriage. It clearly outlines the orders regarding the distribution of property and debt, child related issues, as any other issues to be resolved by the divorce.