Petition For Dissolution Of Marriage In Illinois by Russell D. Knight

Описание: Petition For Dissolution Of Marriage In Illinois by Russell D. Knight

Divorce can be a daunting process, especially when navigating the complexities of Illinois law. In this video, we will walk you through the essential steps of filing for divorce in Chicago, Illinois. Understanding these steps will help you make informed decisions as you embark on this new chapter of your life.

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The first step in the formal legal process of divorce in Illinois is filing the Petition For Dissolution of Marriage. This document serves as your first impression to the court and must meet numerous legal requirements. It is the starting point of your journey through the court system. According to Illinois law, the Petition for Dissolution of Marriage is similar to any other civil action and must be filed as such. This is outlined in the statute 750 ILCS 5/411(a).

The Petition for Dissolution of Marriage is also known as a complaint. As per 735 ILCS 5/2-602, a complaint is the initial pleading on the part of the plaintiff in a civil action. In the context of divorce, it details your desire to dissolve the marriage and may include requests for child support, custody matters, division of assets, and maintenance.

The first part of any Petition For Dissolution of Marriage is the caption. According to Illinois Supreme Court Rule 132, the caption includes the names of the parties, the name of the court, and the case number. Following the caption, you must include a plain and concise statement of your cause of action. For a divorce in Illinois, your right to bring a suit is described in the statute 750 ILCS 5/401. If you are requesting additional matters such as child support or division of assets, you can include "et seq" after the divorce statute to encompass these issues.

In the Petition, you must also include specific allegations divided into numbered paragraphs as per 735 ILCS 5/2-603(b). These allegations should include essential information such as the age, occupation, and residence of each party, the date and place of the marriage, whether a petition is pending in another jurisdiction, and the names and ages of any children from the marriage.

The relief sought in your Petition For Dissolution of Marriage should be clearly outlined. This section begins with the phrase, "WHEREFORE, the Petitioner respectfully requests that:" followed by details on child support, parenting time, division of debts and assets, and maintenance. You should also request permission to resume your former name if it was changed for the marriage, and include a catch-all request for any further relief the court deems just and equitable.

Personal identity information, such as Social Security numbers and financial account numbers, should be redacted in accordance with Illinois Supreme Court Rule 138 to protect your privacy. Finally, the Petition must be verified by an oath swearing that the allegations are true, as required by 750 ILCS 5/403 and 735 ILCS 5/2-605.

Once your Petition is complete, it is filed with the county court along with a Summons, which is served to the other spouse. The other spouse must then file a formal response to your Petition. If they fail to respond, a default judgment may be entered, granting you the relief requested.

We hope this video helps you understand the process of filing for divorce in Chicago, Illinois. If you need assistance preparing your Petition for Dissolution of Marriage, contact our family law office to speak with a dedicated Chicago divorce lawyer. Thank you for watching, and please subscribe for more helpful legal insights.

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