Petition For Dissolution Of Marriage - Children (Illinois)
This form is a petition for dissolution of a marriage with children 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
IN RE THE MARRIAGE OF:
) No. _______-D-_______
Dated ___________________________________, 20___.
STATE OF ________________)
County of _________________)
PETITION FOR DISSOLUTION OF MARRIAGE - CHILDREN
I, ________________________________, without the assistance of an attorney, ask this Court for a Dissolution of Marriage. In support of my Petition, I state the following items are true:
1. This Court has jurisdiction over the subject matter, myself, and my spouse.
2. I am ____ years old. I reside at ____________________________.
I live in ____________ County.
I have been a resident of the State of Illinois for ______ years.
My occupation is ______________________________.
3. My spouse's name is _______________________.
He/she is _____ years old.
His/her address is___________________________________;
and he/she has been a resident of Illinois for _____ years.
His/her occupation is _________________________. My spouse is not currently in military service with any of branches of the Armed Forces of the United States.
4. There are no other petitions for dissolution of marriage pending in any other county or state.
5. My spouse and I were lawfully married on ____________, 20___
and the marriage was registered at _____________________ County,
in the State of ________________________________.
6. My spouse and I have lived separate and apart continuously since
________________, 20 ___
and the reason I want a divorce is: _______________________________ as defined by the Illinois Marriage and Dissolution of Marriage Act.
7. That the following children were born to or adopted by my spouse and me:
__________________________________, date of birth: _____/_____/____;
__________________________________, date of birth _____/_____/_____;
__________________________________, date of birth _____/_____/_____;
All of our child/ren reside with me and they have lived in Illinois for at least the last 6 months.
8. I am not pregnant.
9. Our child/ren have lived in the following places the last five years:
10. Our child/ren have lived with the following people in the last five years:
11. As far as I know, there are no custody cases involving our children pending in a court of this or any other state,
except ______________ v. _______________,
which is currently pending in ______________________, County,
State of ____________________.
12. As far as I know, there are no past custody cases involving the custody of our children in a court of this or any other state
except:________________ v. _______________,
which was in __________________________, County,
State of ___________________.
13. No other person other than me and my spouse has physical custody of our child/ren or claims to have a right to custody or visitation with the child/ren.
14. Our child/ren are in my custody; I should have the temporary and permanent care, custody, control, and education of our child/ren; and it is in the best interests of the child/ren that care, custody, control, and education be awarded to me.
15. I have in my possession the following items of non-marital property (property I got prior to our marriage, by inheritance, or by gift). My spouse did not help pay for this property, and he/she has no legal right to any part of it:_______________________________________
16. Our martial property (property we got after our marriage and not by inheritance or by gift) includes, but is not limited to, the following: __________________________________
____________________________________________________. I helped pay for our marital property.
17. I do not know if my spouse has obtained any marital property or debts since our separation.
18. Our martial debts (debts we got after our marriage) include, but are not limited to, the following: __________________________________________________
19. My former/maiden name was: ______________________________________.
WHEREFORE, I request:
A. A Judgment of Dissolution of Marriage.
B. That the Court award to me the temporary and permanent care, custody, control, and education of our child/ren and determine what kind of visitation my spouse will get.
C. That the Court award to me all of the marital and non-marital property now in my possession.
D. That the Court award to my spouse all of the marital and non-marital property now in his/her possession.
E. That the Court order my spouse to take responsibility and pay for all legal debts, liabilities and obligations we obtained since we got married.
F. That the Court orders my spouse to pay me child support.
G. That neither party be awarded maintenance.
H. That I be allowed to use my maiden/former name.
I. That _____________________________________________.
Under penalties as provided by law pursuant to Section 5/1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she/he verily believes the same to be true.
INSTRUCTIONS FOR FILLING OUT THIS FORM
FORM: Petition For Dissolution of Marriage (children)
Introduction: Your name
Paragraph 2: First blank: Your age.
Second blank: Your address (street and city).
Third blank: The county in which you live.
Paragraph 3: First blank: Your spouse's name.
Second blank: Your spouse's age.
Third blank: Your spouse's address (street, city, and state)
Fourth and Fifth blank: Check whether your spouse is or is not a resident of the State of Illinois.
Paragraph 4: First and Second blank: Day, month and year of your marriage.
Third blank: The city and state in which you got married.
Fourth blank: The county in which your marriage was registered.
Fifth blank: The state in which your marriage was registered.
Paragraph 5: First and Second blank: The month and year you and your spouse separated. If not separated put n/a.
Third blank: The grounds for the divorce: (for example, extreme and repeated mental cruelty; extreme and repeated physical cruelty; irreconcilable differences)
Paragraph 6: All blanks: list the full names and birthdates of all of the children you had with your spouse.
Paragraph 7: If you are a male, change to indicate that your wife is not pregnant; If you or your wife is pregnant: wait until after the child is born, if it is a child of the marriage; If it is not a child of the marriage, change Paragraph 7 to the following: "Wife is pregnant, but husband is not the father."
Paragraph 8: List the city and state for each address your child or children have lived in the last five years.
Paragraph 9: List the name and current address of each person with whom the children have lived in the last five years; this does not necessarily mean that they were in the custody of someone else, but only refers to others with whom your children resided.
Paragraph 10: First, Second, and Third blank: put "none" if you are not currently involved with any other custody proceedings with your children; if you have, put the case number, county and state in which the other case is filed. Include Orders of Protection which granted you temporary custody of your children.
Paragraph 11: First, Second, and Third blank: put "none" if there are no past custody cases regarding your children; if there are, put the case number, county and state in which the other case was filed.
Paragraph 14: List your non-marital property. If there is not enough room, place the remainder on an additional sheet and refer to it at the end of Paragraph 14 (for example: "continued on a separate sheet.").
Paragraph 15: List your marital property. If there is not enough room, place the remainder on an additional sheet and refer to it at the end of Paragraph 15 (For example: "continued on a separate sheet.").
Paragraph 18: List the debts you and your spouse incurred while you were married. If there is not enough room, place the remainder on an additional sheet and refer to it at the end of Paragraph 18 (for example: "continued on a separate sheet.").
Paragraph 19: Put your maiden or former name in the blank.
Paragraph I Enter any additional relief you want that is not covered in A through H.
Sign your name on both blank lines above where it says "Plaintiff" and print your name below each signature.