Judgment Of Legal Separation (Illinois)
This form is the judgment of a petition for legal separation in Illinois. The form provided here is simply a sample of what the actual form looks like.
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT
) No. _______-____-_______
IN RE THE MARRIAGE OF: )
JUDGMENT OF LEGAL SEPARATION
This cause having come up for hearing on the ______ day of _______________, 20__,
on the Petition for Legal Separation filed by Plaintiff, and:
(___) it appearing that Defendant was personally served with summons in
__________________, and was defaulted for failure to appear or respond;
(___) it appearing that Defendant has filed an Entry of Appearance and consented, in sincerity and without fraud or collusion to an immediate hearing;
(___) that on due inquiry, Defendant could not be found, and service was obtained in accordance with 750 ILCS 5/2-206 and 2-207;
and the Petition herein taken as confessed by said Defendant, the Court having heard the evidence and being fully advised in the premises does find:
1. The court has jurisdiction over the subject matter and the parties.
2. Both Plaintiff and Defendant at the time of the commencement of this action, at the present time, and for more than 90 days preceding the making of these findings have been residents of Illinois.
3. The parties were lawfully joined in marriage on the following date: ________________.
4. Children were either adopted or born to the parties during the marriage, namely;
_____________________________________, born _________________________,
_____________________________________, born _________________________,
and _______________________________, born _________________________.
5. All children reside with ____________________.
6. Plaintiff is not presently pregnant.
7. The parties are living separate and apart without fault on the part of Plaintiff.
8. That Plaintiff has in his/her possession the following items of non-marital property:
9. That Defendant has in his/her possession the following items of non-marital property:
10. That since the marriage of the parties, the parties acquired marital property, including but not limited to:
_____________________________________________; that Plaintiff has contributed to the acquisition and preservation of the marital property through his/her own efforts and frugalities.
11. That since the marriage certain debts and obligations have accrued, namely
12. (Check one)
____ Plaintiff and Defendant did enter into a written agreement
dated ___________, which resolves between the parties all questions with regard to maintenance, custody, child support, medical and related needs and education, and their respective rights of property, both marital and non-marital, growing out of the marital relationship, and all other rights which either of them may have as a result of their marital relationship. The agreement has been presented to this court for its consideration and approval, was voluntarily entered into by the parties, is fair and equitable in its terms and provisions, is not unconscionable, and is approved by the court. A copy of this agreement is attached.
____ Plaintiff and Defendant have not reached an agreement as to questions regarding maintenance, custody, child support, visitation, or property.
THE COURT ORDERS AS FOLLOWS:
A. A Judgment of Legal Separation is awarded to both of the parties.
B. The following that apply:
____ (1) Plaintiff be awarded the sole temporary and permanent care, custody, control and education of the minor children, namely, _________________________________________.
____ (2) A Joint Parenting Order granting joint custody of the child/ren to the parties be entered.
____ (3) Defendant be ordered to pay to Plaintiff a sum in the amount of $_________ per _________ which is fair and reasonable for temporary and permanent child support and for the education expenses of the children.
____ (4) Defendant be ordered to pay to Plaintiff a sum in the amount of $_________ per _________ which is fair and reasonable for his or her temporary and permanent maintenance.
____ (5) The agreement of the parties dated __________, is approved, and the agreement and all of its provisions are incorporated into this Judgment with the same full force and effect as though the agreement and all of its provisions were written into this decretal part of this Judgment of Legal Separation verbatim.
____ (6) Defendant shall assume full responsibility for the following debts and obligations incurred by the parties, or either of them, as a result of the marriage relation and hold Plaintiff free and harmless therefrom including:
____ (7) That Plaintiff and Defendant retain their respective non-marital property.
____ (8) That Plaintiff should have as his/her sole and exclusive property, free of homestead, dower or any right of Defendant, all property presently in his/her possession including:
C. That all property acquired hereafter by Plaintiff or Defendant shall be non-marital property.
D. That all debts acquired hereafter by Plaintiff or Defendant shall be non-marital debt.
E. Plaintiff and Defendant are both ordered and directed to execute, carry out and perform all of the terms, provisions and conditions of this Judgment of Legal Separation.
F. This court reserves jurisdiction of the subject matter of this cause and of the parties hereto for the purpose of enforcing the terms of this Judgment of Legal Separation.
Enter: ________________________ Judge
INSTRUCTIONS FOR FILLING OUT THIS FORM
FORM: Judgment of Legal Separation
Introduction: First blank: Day of hearing
Second blank Month of hearing
Third blank: Year of hearing
Place a check in the box that corresponds with how your spouse was served. CHECK ONLY ONE BOX. If you check the first box, the first blank should be filled in with the county in which your spouse was served and the second blank should be filled in with the state in which that county is located.
Third paragraph: Month, day, and year of marriage
Fourth paragraph: Name and birth date of children, if any
Fifth paragraph: Name of person children currently reside with
Sixth paragraph: If male, change plaintiff to defendant.
Eighth paragraph: List the items of non-marital property you have in your possession. For a definition of non-marital, see the "What These Legal Words Mean" section of the informational packet
Ninth paragraph: List the items of non-marital property that your spouse has in his or her possession.
Tenth Paragraph: List the items of marital property. Again, look for the definition of marital property in the "What These Legal Words Mean" section of the informational packet.
Eleventh paragraph: List the marital debt. A definition can be found in the "What These Legal Words Mean" section of the informational packet.
Twelfth paragraph: Place a checkmark in the space if you have entered into a written agreement with your spouse regarding custody, visitation, support, and maintenance. If so, attach a copy to the order for the Judge to see.
Let the judge fill out the bottom portion as it is decided. DO NOT FILL IN THE DATE OR THE SIGNATURE LINE FOR THE JUDGE