Illinois Uncontested Divorce / Dissolution Petition + Decree Filing Packet

ILLINOIS UNCONTESTED DISSOLUTION OF MARRIAGE — FILING PACKET

PACKET CONTENTS

TAB 1 — RESIDENCY, GROUNDS, AND ELIGIBILITY CHECKLIST

Petitioner: [____________________________________________]
Respondent: [____________________________________________]
County of Filing (Circuit Court of ____ Judicial Circuit): [_______________________]
Case Number: [__________________________]

Residency (750 ILCS 5/401(a))

☐ Petitioner OR Respondent has been a resident of Illinois for at least 90 days immediately preceding the filing of this Petition (or the making of the finding).
☐ State of residency: Illinois
☐ Date residency commenced: [__/__/____]

Grounds (750 ILCS 5/401(a) and (a-5))

☐ Irreconcilable differences have caused the irretrievable breakdown of the marriage.
☐ Past efforts at reconciliation have failed.
☐ Future attempts at reconciliation would be impracticable and not in the best interests of the family.
☐ 6-Month Separation Presumption (if used): The parties have lived separate and apart for a continuous period of not less than 6 months immediately preceding entry of judgment. This creates an irrebuttable presumption that the irreconcilable-differences requirement is met; it is not a mandatory waiting period or a requirement that needs a waiver.

Joint Simplified Dissolution Eligibility (750 ILCS 5/452) — ALL must be checked to qualify

☐ Neither party is dependent on the other for support, or each waives the right to support.
☐ Marriage is 8 years or less.
☐ Neither party has any interest in real property.
☐ Neither party has any retirement benefit, unless all retirement benefits are held exclusively in individual retirement accounts with a combined value of less than $10,000.
☐ No children were born of the parties' relationship or adopted by the parties during the marriage, and the wife, to her knowledge, is not pregnant by the husband.
☐ The total fair market value of all marital property, less encumbrances, is less than $50,000.
☐ The combined gross annualized income from all sources is less than $60,000.
☐ Neither party has a separate gross annualized income in excess of $30,000.
☐ Both parties have disclosed assets, liabilities, and tax returns from years of marriage.
☐ Both parties have executed a written agreement dividing all assets in excess of $100 and allocating responsibility for debts.
☐ Both parties have executed a written agreement allocating ownership of and responsibility for every companion animal they own (service animals are excluded from this requirement).

If any box above is unchecked, you must use the standard Petition for Dissolution (Tab 2), not the Joint Simplified Dissolution (Tab 3).

TAB 2 — PETITION FOR DISSOLUTION OF MARRIAGE

IN THE CIRCUIT COURT OF THE [_____] JUDICIAL CIRCUIT
[_______________________] COUNTY, ILLINOIS
DOMESTIC RELATIONS DIVISION

Case No.: [__________________________]

PETITION FOR DISSOLUTION OF MARRIAGE

NOW COMES the Petitioner, [_______________________________________], by and through [self-represented / counsel of record], and pursuant to 750 ILCS 5/401 et seq., states as follows:

1. Residency. Petitioner has been a resident of the State of Illinois for a period in excess of ninety (90) days immediately preceding the filing of this Petition.

2. Marriage. Petitioner and Respondent were lawfully married on [__/__/____], at [_______________________] (city, state/country). The marriage was registered in [_______________________] County, [__________].

3. Parties.

• a. Petitioner's date of birth: [__/__/____]; current address: [____________________________________________].
• b. Respondent's date of birth: [__/__/____]; current address: [____________________________________________].
• c. Petitioner's occupation: [_______________________]; Respondent's occupation: [_______________________].

4. Separation. The parties have lived separate and apart since [__/__/____]. ☐ If applicable, the parties will rely on the irrebuttable presumption in 750 ILCS 5/401(a-5) because they will have lived separate and apart continuously for at least 6 months immediately before entry of judgment.

5. Grounds. Irreconcilable differences have caused the irretrievable breakdown of the marriage. Past efforts at reconciliation have failed, and future attempts at reconciliation would be impracticable and not in the best interests of the family.

6. Children. ☐ There are no children born of or adopted during the marriage and Respondent is not now pregnant. ☐ The following minor child(ren) were born of or adopted during the marriage:

7. Jurisdiction over Children (UCCJEA — 750 ILCS 36/). Illinois is the home state of the minor child(ren), and the child(ren) have resided in Illinois with a parent or person acting as a parent for at least six (6) consecutive months immediately preceding commencement of this proceeding.

8. Property and Debts. The parties have acquired marital and non-marital property and debts as more fully set forth in the attached Marital Settlement Agreement (MSA) and Financial Affidavits.

9. Maintenance. ☐ Neither party seeks maintenance and each waives any right to past, present, or future maintenance. ☐ Maintenance is addressed in the attached MSA pursuant to 750 ILCS 5/504.

10. Other Pending Actions. There are no other pending actions for dissolution of marriage, legal separation, declaration of invalidity of marriage, or allocation of parental responsibilities between the parties in this State or any other jurisdiction, except: [__________________________].

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

A. Enter a Judgment for Dissolution of Marriage dissolving the bonds of matrimony between the parties;
B. Approve and incorporate the Marital Settlement Agreement and (if applicable) the Allocation Judgment / Parenting Plan;
C. Restore Petitioner's former name of [_____________________________] (if requested);
D. Enter such other and further relief as this Court deems just and equitable.

VERIFIED under penalties of perjury pursuant to 735 ILCS 5/1-109.

___________________________________
[PETITIONER SIGNATURE]
[Petitioner Printed Name]
Date: [__/__/____]

___________________________________
[ATTORNEY FOR PETITIONER (if any)]
ARDC No.: [__________]
[Firm / Address / Phone / Email]

TAB 3 — JOINT PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE (750 ILCS 5/452)

NOW COME the Joint Petitioners, [_______________________] and [_______________________], and jointly petition this Court under 750 ILCS 5/452 for a Judgment of Simplified Dissolution of Marriage, stating:

1. At least one Joint Petitioner meets the Illinois 90-day residency or military-presence requirement of 750 ILCS 5/401.
2. Irreconcilable differences have caused the irretrievable breakdown of the marriage.
3. The parties have met all eligibility requirements of 750 ILCS 5/452(a)–(k), including: no qualifying children or pregnancy; no real property; no retirement benefits except qualifying individual retirement accounts totaling less than $10,000; marriage duration of 8 years or less; combined gross income under $60,000; marital property valued at less than $50,000; full financial disclosure; an executed written property/debt agreement; and, if applicable, an executed companion-animal ownership/responsibility agreement.
4. ☐ If relying on 750 ILCS 5/401(a-5), the parties will have lived separate and apart continuously for at least 6 months immediately before entry of judgment. The parties otherwise request findings under 750 ILCS 5/401(a) based on the evidence presented.
5. Each Joint Petitioner waives any right to maintenance.

WHEREFORE, Joint Petitioners pray for entry of a Judgment of Simplified Dissolution of Marriage.

Verified pursuant to 735 ILCS 5/1-109:

___________________________________ ___________________________________
[JOINT PETITIONER 1 SIGNATURE] [JOINT PETITIONER 2 SIGNATURE]
Date: [__/__/____] Date: [__/__/____]

TAB 4 — MARITAL SETTLEMENT AGREEMENT (MSA)

This MARITAL SETTLEMENT AGREEMENT ("Agreement") is entered into on [__/__/____], by and between [PETITIONER] and [RESPONDENT] (collectively, "the parties").

1. Recitals

The parties were married on [__/__/____], and have lived separate and apart since [__/__/____]. The parties desire to resolve all issues relating to property, debts, support, and (if applicable) parental responsibilities without litigation.

2. Full Financial Disclosure

Each party acknowledges receipt of the other's Financial Affidavit, three years of tax returns, pay stubs covering the most recent 90 days, and statements for all financial accounts. Each party warrants that the disclosure is true and complete and acknowledges the right to additional discovery has been knowingly waived.

3. Division of Marital Property

4. Division of Marital Debts

4A. Companion Animals (required for simplified dissolution if applicable)

5. Maintenance (750 ILCS 5/504)

☐ Each party waives any present or future right to maintenance and acknowledges that such waiver is permanent and non-modifiable.
☐ Maintenance shall be paid by [_______________] to [_______________] in the amount of $[__________] per month for [____] months, calculated under the statutory guideline of 750 ILCS 5/504(b-1).

6. Name Restoration

Petitioner's former legal name of [_______________________________________] is restored.

7. General Releases, Tax Filing, and Execution of Documents

Each party releases all claims against the other except those created by this Agreement. The parties shall execute deeds, titles, QDROs, and other documents required to implement this Agreement within 30 days of entry of Judgment.

___________________________________ ___________________________________
[PETITIONER] [RESPONDENT]
Date: [__/__/____] Date: [__/__/____]

State of Illinois, County of [______________] — Acknowledged and sworn before me this [__] day of [_____________], 20[__].

___________________________________
Notary Public

TAB 5 — ALLOCATION OF PARENTAL RESPONSIBILITIES AND PARENTING PLAN (750 ILCS 5/602.10)

Significant Decision-Making (Education, Health, Religion, Extracurricular):
☐ Joint between Petitioner and Respondent
☐ Sole to Petitioner ☐ Sole to Respondent
☐ Allocated by category as follows: [____________________________________________]

Parenting Time Schedule:

Right of First Refusal: ☐ Yes — for absences of [____] hours or more / ☐ No
Relocation Notice: Required per 750 ILCS 5/609.2 (60 days written notice).
Child Support (750 ILCS 5/505 — Income Shares): See attached Uniform Order of Support / HFS 552. Combined net income $[__________]; Petitioner's share: [____]%; Respondent's share: [____]%; presumptive monthly support: $[__________], payable to [Petitioner / Respondent].
Health Insurance / Uninsured Medical: Provided by [____________]; uncovered costs allocated [____]% / [____]%.
Dependency Tax Exemption / Child Tax Credit: [____________________________________________].

TAB 6 — FINANCIAL AFFIDAVIT (Standardized Statewide Form / Cook County Local Rule 13.3.1)

Sworn statement of income, expenses, assets, and liabilities. Attach:
☐ Last 3 federal tax returns (with W-2s and schedules)
☐ Pay stubs / income statements for last 90 days
☐ Most recent statement for every financial account
☐ Health insurance card/declaration

TAB 7 — UNIFORM ORDER OF SUPPORT (HFS 552 / Statewide)

Required where child support or maintenance is ordered. Provides for income withholding under 750 ILCS 28/.

TAB 8 — ENTRY OF APPEARANCE, WAIVER, AND STIPULATION (Respondent)

I, [RESPONDENT NAME], hereby:
☐ Enter my general appearance in this matter.
☐ Acknowledge receipt of the Petition and all exhibits.
☐ Waive formal service of summons.
☐ State whether the parties rely on the 6-month irrebuttable presumption under 750 ILCS 5/401(a-5) or will prove the findings required by 750 ILCS 5/401(a).
☐ Consent to entry of Judgment for Dissolution of Marriage incorporating the attached MSA and (if applicable) Allocation Judgment.

___________________________________
[RESPONDENT SIGNATURE]
Date: [__/__/____]

TAB 9 — JUDGMENT FOR DISSOLUTION OF MARRIAGE (FINAL DECREE)

THIS CAUSE coming on for prove-up hearing on the Petition for Dissolution of Marriage; Petitioner appearing in person and (☐ with counsel / ☐ pro se); Respondent (☐ appearing / ☐ having entered written appearance and waiver); and the Court being fully advised in the premises, FINDS:

1. The Court has subject-matter jurisdiction under 750 ILCS 5/ and personal jurisdiction over both parties.
2. Residency under 750 ILCS 5/401 is satisfied.
3. Irreconcilable differences have caused the irretrievable breakdown of the marriage; reconciliation has failed and future attempts would be impracticable.
4. The Marital Settlement Agreement (and, if applicable, Allocation Judgment) is not unconscionable and is in the best interests of any minor child(ren).

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. The bonds of matrimony between Petitioner and Respondent are DISSOLVED.
B. The Marital Settlement Agreement dated [__/__/____] is APPROVED and INCORPORATED but not merged.
C. The Allocation Judgment / Parenting Plan dated [__/__/____] is APPROVED and INCORPORATED.
D. Child support of $[________] per [period] is ordered pursuant to 750 ILCS 5/505; income withholding shall issue.
E. Petitioner's former name of [_______________________] is RESTORED.
F. Each party shall bear their own attorney's fees and costs except as otherwise provided.
G. The Court retains jurisdiction to enforce and modify as permitted by law.

ENTERED: [__/__/____]

___________________________________
JUDGE / ASSOCIATE JUDGE

TAB 10 — PROVE-UP HEARING OUTLINE

1. Identify yourself for the record.
2. Confirm residency (90 days in Illinois).
3. Date and place of marriage.
4. Identify any children of the marriage and their dates of birth.
5. Confirm irreconcilable differences and failed reconciliation.
6. If relying on the statutory presumption, confirm 6 months of continuous separation immediately before entry of judgment; otherwise present the irreconcilable-differences evidence required by 750 ILCS 5/401(a).
7. Identify the MSA and Allocation Judgment; affirm voluntariness, full disclosure, and fairness.
8. Request entry of Judgment and name restoration.

FILING PROCEDURE AND FEES

Fee Waiver: File Application for Waiver of Court Fees (Standardized Statewide Form, Supreme Court Rule 298) if eligible.

SOURCES AND REFERENCES

• 750 ILCS 5/401 — https://www.ilga.gov/documents/legislation/ilcs/documents/075000050K401.htm
• 750 ILCS 5/452 — Simplified Dissolution
• Illinois Courts Standardized Statewide Forms — https://www.illinoiscourts.gov/forms/approved-forms/
• Illinois Supreme Court Rules 901–924 — Family Law
• eFileIL — https://efile.illinoiscourts.gov/