Illinois Marital Settlement (Divorce) Agreement and Legal Separation

There is a set of legal documents and procedures for the people planning to get divorced and Illinois and other American states. One of these forms is the Illinois marital settlement agreement.

The reason for formulating provisions in this agreement is simple: legal partners use the document to decide how they will manage their properties and debts and who will be responsible for their minor children’s upbringing.

Violating the conditions listed in the free printable marital settlement agreement results in punishment. The penalties are included in the document. For instance, if one parent has been designated as the child’s guardian and does not perform their duties properly, the other parent can take care of the child and become the guardian.

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If your break-up is accompanied by a fuss and a bad relationship, there is an option to create the agreement with a mediator’s help. These specialists usually guarantee a successful result if partners prefer ignoring each other rather than communicating.

There are irreplaceable parts of marital settlement agreements signed in the United States, including Illinois:

  • Introduction section. In this section, both partners indicate their names and the dates when they got married and split. The signatories also state if they have a kid together.
  • Assets and Liabilities section. Spouses detail information about their properties and debts (if any). Then, they should define the conditions under which they will administer their estate.
  • Support section. Plans of one spouse to financially support another spouse should be revealed in the agreement. The amount and the termination date should be written along with the details about insurance payments.
  • Miscellaneous conditions section. Some people feel that the agreement template lacks some sections. You are free to add your provisions.

The spouses must sign the agreement, and notarization is required. Once the main part is complete, the couple should add several supplements. Among these supplements is the guidance on the child’s (or children’s) upbringing that includes visiting days and hours. The other two add-ons are related to the complete list of assets and debts and spouses’ financial support.

To get the correct Illinois Marital Settlement Agreement template, use our form-building software. It will help you to download any template in a moment.

The laws on divorce in Illinois and other states in the US are distinguished. We have prepared a summary of some regulations in Illinois.

Illinois Divorce and Separation Laws

You have to comply with Chapter 750 of the Illinois Compiled Statutes if you sue for divorce in the state. Section 750 ILCS 5 outlines the majority of provisions.

Grounds for Divorce

It is legal to get divorced in Illinois if you and your partner face unsolvable disagreements confirmed in court. Another reason is living separately for half a year or more according to Section 750 ILCS 5/401 of the Illinois Compiled Statutes.

Property Division

The court decides how to share the assets between the couple. The decision must be fair, as written in Section 750 ILCS 5/503 of the Statutes.

Popular Local Marital Settlement Agreement Forms

Although it is not obligatory to create a marital settlement agreement, doing so may give you several benefits: far more confidence after the breakup and much less headache in courtroom. Here is a list of this sort of regional agreements needed the most by our visitors.

Child Custody and Visitation

All matters tied to custody and parental responsibilities’ allocation are covered in Section 750 ILCS 5/600.

Child Support and Alimony

Section 750 ILCS 5/505 and the special guidance on the topic issued by the public authorities govern the support for divorced parents’ kids in Illinois. Children’s interests must be protected by law.

Legal separation occurs when spouses are still married but do not live together. Each couple that lives that way has its own reasons to keep the marriage. For instance, some religious people cannot get divorced because the religion does not approve of such. Another example is the couple’s hope for a reunion.

Not all states regulate such a status, but the Illinois laws do. Section 750 ILCS 5/402 is dedicated to the topic. Partners that face the impossibility of staying together should apply to the local circuit court.

If this is not an option for you and your spouse, and you are both quite sure about your future divorcement, keep reading to discover the actions to take to split up officially in the state of Illinois.

Regardless of how you split up with your partner, it may cause severe mental traumas for you and your children. So, if there is an option to reconcile as a couple, we suggest you postpone your marriage cancellation.

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Filing for Divorce in Illinois

You have to apply to the circuit court in your county. There is no unified fee, and the amount to pay varies from county to county. You will officially get divorced in approximately three months after submitting all the papers.

1. Submit the Petition

For starters, you should submit the petition to the court. There are two templates for those who have kids and for those who do not. You should also cover the fee when sending the paper.

Submission is available online or by going to the court in person. If you cannot pay the fee, there is a way to omit it: consult the court clerk about the methods and forms to fill out.

2. Attend the Education Program

If you have no kids together with your partner, you can skip this step and proceed to Step 3.

Those who have at least one child should attend the course prepared by the state public authorities. This course simplifies the divorce procedure for the child’s sake and ensures that parents can raise their child properly.

3. Fill Out Other Required Forms

Besides the petition, you may need to fill seven other forms and pass them to the courts. Contact the local clerk to determine the papers you should bring. This depends on the number of children you and your partner have together and separately and on other aspects.

4. Notify Your Partner

Your partner should be aware of the planned divorce. So, you have to send them all the prepared papers.

You can either visit your partner and deliver the documents by yourself or ask the local sheriff to do it. In the first case, your partner should respond by filing a signed Entry of Appearance form.

The partner should also send the “Answer/Response to Complaint/Petition” form to the court.

5. Wait for the Hearing

When the court receives your partner’s answer, the hearing date will be set. You and your spouse will get notifications. While you are waiting for the date, remember to create your marital settlement agreement to set the post-marriage rules with your spouse. If you need to bring other legal forms, the clerk will notify you.

6. Visit the Hearing

The judge will check all the papers you have prepared, including the agreement, ask some questions, and issue the judgment if everything is considered fair. Both parties should receive the judgment’s signed copies.

From now on, you are officially divorced. You can revert to your initial name once the divorce procedures are through.

Published: Jun 23, 2022