Petition For Legal Separation (Illinois)
This form is 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
IN RE THE MARRIAGE OF:
) No. _______-____-_______
PETITION FOR LEGAL SEPARATION
I am asking this Court for a legal separation without the assistance of an attorney. In support of my petition, I state the following items are true.
1. My name is ____________________________________.
2. I am ____ years old, and currently employed at ______________________.
3. I am presently residing at _________________________ Street,
and have resided in the State of Illinois for ______ years.
My occupation is ______________________________.
4. My spouse is ________ years old,
employed at ____________________________,
presently residing at _________________________ Street,
and has resided in the State of Illinois for __________ years.
5. My spouse and I were lawfully married on the following date: __________________,
and the marriage was registered at _____________________.
6. No petition for legal separation or dissolution of marriage is pending in this or any other county or state.
7. My spouse and I have been living separate and apart since ________________________, without fault on my part.
8. There are: (check one)
____ children ____ no children of this marriage.
9. The following minor children were born to or adopted by my spouse and me during the marriage, namely:
_________________________________, born ___________________,
_________________________________, born ___________________, and
_________________________________, born ___________________.
10. Our minor children reside with _____________________.
11. I am not presently pregnant (Or "My spouse is not presently pregnant," if you are male).
12. My spouse and I presently have a formal agreement as to support, custody, visitation, and maintenance. (Check one) ____ Yes ____ No
13. Prior to and during the marriage, I have acquired various property which is my non-marital property including: ______________________________
14. During the marriage, my spouse and I have acquired certain marital property, including but not limited to, the following: ________________________
I have, through my efforts, monies, frugalities and work, including without limitation my contribution to the family unit, contributed to the acquisition, preservation, and increase in value of the marital and non-marital property acquired during the marriage.
15. Our marital debts include, but are not limited to, the following:
16. I am also asking the Court to grant me: (Check all that apply):
____ Maintenance. I lack the necessary property and income to provide for my reasonable needs, both temporary and permanent, and I am without resources to meet my needs independently in conformance with the standard of living established during the marriage. My spouse, on the other hand, earns a substantial income, and is well able to provide me with maintenance, both temporary and permanent, in accordance with his or her needs and in conformance with the standard of living established during the marriage.
_____Child support. I lack sufficient property and income to provide for our children's reasonable needs, including educational needs, in conformance with the standard of living the children would have enjoyed had the parents not separated. My spouse is well able to provide both temporary and permanent child support.
Wherefore I request:
A. A judgment of legal separation be entered in favor of myself and my spouse.
B. That I be awarded and assigned as my separate property all of my nonmarital property, including, but not limited to, ____________________________
C. That I be awarded and assigned as my separate property the following marital property: ______________________________________________
D. That my spouse be awarded and assigned as his/her separate property the following marital property: _________________________________
E. That the remaining marital property be divided in just proportions, and to the extent it cannot be divided, that it be sold, and I be awarded and assigned my equitable share thereof.
F. That my spouse pay the following debts and other obligations: _____________
G. The following that apply: (Check all that apply)
____ (1) That I be awarded the sole temporary and permanent care, custody, control and education of the minor children, namely,
____ (2) That a Joint Parenting Order granting joint custody of our child/ren to the my spouse and I be entered.
____ (3) That my spouse be ordered to pay me such sums as are fair and reasonable for temporary and permanent child support and for the education expenses of the children.
____ (4) That my spouse be ordered to pay me such sums as are fair and reasonable for my temporary and permanent maintenance.
H. Such other and further relief as the Court may deem equitable and proper.
Under penalties as provided by law, pursuant to 735 ILCS 5/1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in the foregoing instrument are true and correct to the best of my knowledge and belief.
INSTRUCTIONS FOR FILLING OUT THIS FORM
FORM: Petition for Legal Separation
Paragraph 1: Your name
Paragraph 2: First blank: Your age
Second blank: Your place of employment (whether at home or outside the home-put name of business if outside the home)
Paragraph 3: First blank: Your current address
Second blank: Number of years you have lived in Illinois
Paragraph 4: First blank: Age of spouse
Second blank: Spouse's current place of employment
Third and Fourth blank: Spouse's present address
Fifth blank: Number of years spouse has lived in Illinois
Paragraph 5: First blank: Day, month, and year you and your spouse married
Second blank: County in which you were married
Paragraph 7: First blank: Month and year you and your spouse started living apart
Paragraph 8: Put a check in the first space if you have minor children of the marriage. Otherwise, put a check in the second space.
Paragraph 9: List the name and birth date of each of the children of the marriage. If there are no minor children of the marriage, put "N/A" for "not applicable" in the first space provided.
Paragraph 10: Name of person whom the children are currently living with. Again, put "N/A" for "not applicable" if there are no minor children of the marriage
Paragraph 11: If you are male, change it to your spouse.
Paragraph 12: If you and your spouse have a separate formal (written) agreement regarding custody, maintenance, support, or visitation, check yes. If you do not have an agreement, check no.
Paragraph 13: List non-marital property. A definition can be found in the "What These Legal Words Mean" section of the informational packet.
Paragraph 14: List marital property. A definition can be found in the "What These Legal Words Mean" section of the informational packet. (This can include marital residence, household furniture and furnishings, automobiles, etc.)
Paragraph 15: List the debts you and your spouse accrued from the time you were married until present (i.e. debts from buying a car, house, major appliances, etc)
Paragraph 16: Check either or both that apply
Paragraph B: List your non-marital property. You do not need to list all of it, just the most important property.
Paragraph C: List marital property that you want.
Paragraph D: List the marital property that you want your spouse to receive.
Paragraph F: List the debts you want your spouse to pay.
Paragraph G: Check all those that apply. If there are children of the marriage, either check (1) or (2). If you are requesting sole custody, check (1). If you are requesting joint custody, check (2) DO NOT CHECK BOTH! If you are seeking child support, check (3). If you are seeking maintenance, check (4) also. If there are no children of the marriage, (4) is the only option that might apply.
Sign your name on both blank lines above where it says "Plaintiff" and print your name below each signature.