Illinois Marital Settlement (Divorce) Agreement Form [PDF]

The Illinois marital settlement agreement form is a legal document that describes the terms and conditions agreed upon by divorcing spouses, addressing various aspects of their separation.

Important topics covered by this extensive agreement include the distribution of marital property, child support, alimony, and all other issues related to divorce. Spouses can take the marital settlement agreement template and customize it to suit their needs.

Divorce Forms

The divorce forms should be filed with the circuit court in the county where the spouses reside. The filing fee varies but generally ranges from $200 to $400. The waiting period is around 90 days.

Divorce Laws and Legal Requirements in Illinois

The divorce laws and legal requirements in Illinois provide spouses with the knowledge and legal tools they need to handle their divorce process with confidence.

Divorce Laws and Legal Requirements

Alimony: Section 504 of the Illinois Compiled Statutes states that the court may award alimony based on factors such as the duration of marriage, each spouse’s income and needs, and the standard of living during marriage. The intention is to help the lesser earning spouse be able to support themselves.
Child support: Section 505 of the Illinois Compiled Statutes provides specific guidelines to determine child support based on factors like a parent's income, the number of children, and parenting time. Payments should cover children's basic needs, like home, food, clothes, and education.
Division of property: According to Section 503 of the Illinois Compiled Statutes, Illinois is an equitable distribution state; the division of marital property is fair but not always equal. Separate property belongs to the person who owned it before marriage or received it as a gift.
Grounds for divorce: Section 401 of the Illinois Compiled Statutes states that Illinois is a no-fault state, which means that spouses can state that the reasons for divorce are irreconcilable differences.
Interim support: According to Section 501 of the Illinois Compiled Statutes, either spouse may ask the court for interim support in order to pay living expenses until the divorce is finalized.
Residency: Section 401(a) of the Illinois Compiled Statutes states that one spouse must be a resident of the state for at least 90 days before filing for divorce.

How to File For a Divorce in Illinois in 8 Steps

Illinois’s divorce procedure contains a set of rules that must be followed. Knowing every stage of the process, from filing a petition to attending court, is necessary for a smooth divorce.

#1. Fill out the Petition for Divorce

The spouse must first complete a Petition for Dissolution of Marriage/Civil Union (without children) or Petition for Dissolution of Marriage/Civil Union (with children) and submit it to the circuit court in their county to begin the filing procedure.

The petition can be found online on the circuit court’s website or at the local courthouse. To complete the petition, the petitioner must provide personal information about both spouses, about the marriage, or the children.

The filing fee should be paid, and if the petitioner is unable to pay, he/she can ask the court to waive the fee.

#2. Determine Parent Responsibilities and Child Support

Spouses with minor children must enroll in a parenting program to improve their parenting abilities and get ready for the problems that children in divorce often face.

Parents who are interested in attending this program should acquire a list of approved program providers from the court clerk or online from the circuit court website. To determine parents' daily obligations, the court may also request that they prepare a parenting plan.

#3. Obtain Additional Paperwork

Additional paperwork might be required to provide details of marital assets, children, or debts, depending on the case's specifics. Here is a list of additional documents:

All additional documents should be filed at the same court where the divorce petition was filed.

#4. Serve the Forms to the Spouse

The petitioner needs to inform the defendant about the divorce process by serving the divorce papers to them. This can be done in two ways. The first one is to deliver divorce papers in person.

In this case, the defendant needs to file an Entry of Appearance with the court, which informs the court that the defendant received divorce papers and is ready to proceed with the divorce process.

The other way is for the petitioner to appoint a sheriff to serve the documents for a small fee. The petitioner should provide two copies of the Summons and petition to the sheriff, who will serve the documents, fill out the Return of Service part of the summons, and file it with the court.

#5. Wait for the Defendant's Answer

The defendant now has 30 days to file an Answer/Response to Complaint/Petition and provide an answer to the divorce complaint. If the defendant does not agree with the statements and terms of the complaint, then spouses start a contested divorce process.

In this case, the court will have to make decisions concerning important issues of the divorce process, like the division of marital property, child custody, or spousal support.

However, if the defendant agrees with the statements in the divorce complaint, then spouses start an uncontested divorce process.

#6. Prepare for Court Hearing

The spouses will then need to draft a divorce settlement agreement outlining the conditions of their divorce. This document covers different matters related to divorce, like division of assets, alimony, or a parental plan.

Spouses should fill out a Judgment of Dissolution of Marriage/Civil Union (with children) or a Judgment of Dissolution of Marriage/Civil Union (without children). The spouse who wants child support must also bring an Order for Support to the court hearing.

Finally, in order to present their compliance with the documents that will be submitted to the judge, spouses will have to sign a Certification Agreement (with children or without children) and notarize it.

#7. Schedule a Court Date

The court clerk will schedule a date for the spouses to appear in court. Copies of all the paperwork they already used and any original forms not filed yet must be brought to the hearing.

At the hearing, spouses can present the case and provide witnesses or evidence to support their statements. The court will review the terms of the divorce settlement agreement and the specifics of the case.

If everything is in order, the court will sign the judgment granting the divorce. The parties should request copies of the judgment, parenting plan, and support order.

#8. Change Your Name

To change the name, a spouse must note in the petition that a name change is needed and a new name should be provided. It is possible to include the name change request in the divorce settlement agreement.

When divorce is granted, and a settlement agreement is integrated into the divorce decree, the spouse's new name will become legal. To ensure that all records are updated, the spouse must notify financial institutions, government agencies, and other organizations of the new name.