Fill and Sign the Divorce with Children Form

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Co urts. DV-J 106.1 Page 1 of 6 (04/1 8) STATE OF ILLINOIS , JUDGMENT OF DISSOLUTION OF MARRIAGE / CIVIL UNION (DIVORCE WITH CHILDREN) For Court Use Only CIRCUIT COURT COUNTY Instructions  Directly above, enter the county where you filed this case. Enter the full name of Petitioner, Respondent, and the case number as listed on the Petition for Dissolution of Marriage/Civil Union (Divorce with Children). Petitioner (First, middle, last name ) v. Respondent (First, middle, last name ) Case Number DO NOT complete t his section. A court date was held on the Petition for Dissolution of Marriage/Civil Union (Divorce with Children) filed by the Petitioner. The court heard the testimony of  Petitioner  Respondent and considered all of the evidence and relevant parts of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101 et seq). The Court makes the following findings of fact: DO NOT complete 1a and 1b. 1. Present in Court : a. Petitioner present :  Yes  No DO NOT complete 2a, 2b , or 2d .  represented by Lawyer: b. Respondent present :  Yes  No In 2c, check the box that applies to the Respondent. If the Respondent is on active duty, you cannot get a divorce unless the Respondent files an appearanc e.  represented by Lawyer: 2. Jurisdiction : a. This court has jurisdiction of the subject matter and  Petitioner  Respondent b. Respondent is in default:  Yes  No c. Respondent is currently on active duty as a member of the Armed Forces of the United States of America:  Yes  No  Unknown In 3a, check the box that applies to you. d. This Court has jurisdiction under the Uniform Child -Custody Jurisdiction and and Enforcement Act :  Yes  No In 3b, check the box that applies to the Respondent. 3. Residency Requirement : a. Petitioner has been living in Illinois at least 90 days immediately before the filing of In 4, check whether it is a marriage or civil union. the Petition or immediately before the time of this hearing:  Yes  No In 4a, enter the date you were married/united. b. Respondent has been living in Illinois at least 90 days immediately before the filing of the Petition or immediately before the time of this hearing:  Yes  No In 4b, enter the place the marriage/civil union took place. 4. Information about the  Marriage  Civil Union : a. Parties were married/ united on: If this is an agreement, e nter initials on each page . Date b. Parties were married/ united in : County State Country Petitioner's initials: Respondent's initials: Enter the Case Number given by the Circuit Clerk: _________________________________ DV-J 106.1 Page 2 of 6 (04/1 8) 5. Grounds for Dissolution : Irreconcilable differences have caused the irretrievable breakdown of the marriage or civil union and efforts at reconciliation have failed or future attempts at reconciliation would be impracticable and not in the best interests of the family. In 6a, part one, ch eck “Yes” if you are pregnant. 6. Children of the Marriage/Civil Union : a. Petitioner is pregnant : In 6a, part two, check “Yes” if the child is Respondent’s.  Yes  No The unborn child is Respondent’s:  Yes  No  Unknown In 6b, part one, ch eck “Yes” if the Responde nt i s pregnant. b. Respondent is pregnant:  Yes  No  Unknown In 6b, part two, check “Yes” if the child is yours. The unborn child is Petitioner’s:  Yes  No  Unknown c. The minor children (under the age of 18 ) born to or adopted together by the parties before In 6c, c heck “None” if you have no children with the Respondent who are under the age of 18. Otherwise, list the names and birthdates of the children. or during the marriage/civil union are:  None Name Date of Birth 1. 2. 3.  I have listed additional minor children on the attached Additional Minor Children form. In 6d, check “None” if you have no children with the Respondent who are 18 or older. Otherwise, list the names and birthdates of the children and select “Yes” or “No” for whether each child is disabled or enrolled in school. d. The adult children (age 18 or older) born to or adopted together by the parties before or during the marriage/civil union are:  None Name Age Disabled In School 1.  Yes  No  Yes  No 2.  Yes  No  Yes  No 3.  Yes  No  Yes  No  I have listed additional adult children on the attached Additional Adult Children form. In 6e, check “None” if the only children you had during the marriage/civil union are listed in 7c and 7d. If you or the Respondent separately had or adopted other children during the marriage/civil union, list their names and birthdates here. e. The other children born to or adopted by either Plaintiff or Respondent, but not both , this marriage/civil union are:  None Name Date of Birth Born To or Adopted By 1.  Petitioner  Respondent 2.  Petitioner  Respondent 3.  Petitioner  Respondent  I have listed additional children on the attached Additional Other Children form. DO NOT complete 7. 7. Allocation of Parental Responsibility : a.  No minor children. b.  It is in the best interests of the minor children that the Parenting Plan of  Petitioner  Respondent  Both Parties (a greement) be approved by the court . c.  It is in the best interests of the minor children that the court enter its own Parenting Petitioner's initials: Plan. Respondent's initials: Enter the Case Number given by the Circuit Clerk: _________________________________ DV-J 106.1 Page 3 of 6 (04/1 8) Complete sections 8a, 8b and 8c if you and your spouse have an agreement, otherwise, DO NOT complete these sections. 8. Real Estate: a. Parties have an interest in real estate, which is an asset of the marriage/civil union:  Yes  No b. The address of the real estate is: In 8d, check "Yes" if either of you owned real estate before you were married/united. Complete and attach the Non -Marital Real Estate form. Street , Apt # City State ZIP c. A legal description of the real estate is attached to this Judgment:  Yes  No d. Petitioner or Respondent has an interest in non -marital real estate:  Yes  No  The non -marital real estate is listed on the attache d Non -Marital Real Estat e form. Complete sections 9a, 9b , and 9c if you and your spouse have an agreement, otherwise, DO NOT complete these sections. 9. Maintenance (also known as alimony) : a. These parties have waived the right to maintenance:  Petitioner  Respondent  Neither party b. This party is entitled to maintenance:  Petitioner  Respondent  Neither party  Other: c. The amount awarded is $  based on guidelines; OR  deviation from guidelines based upon these findings: THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: A. The parties are awarded a Judgment of Dissolution of Marriage/Civil Union and the bonds of matrimony/civil union existing between Petitioner and Re spondent are hereby dissolved. If you and your spouse have an agreement, check the first box and the box for “Both Parties”, otherwise, DO NOT complete B. B. Allocation of Parental Responsibility : 1.  That the Parenting Plan of the following party is approved and made a part of this court order:  Petitioner  Respondent  Both Parties (agreement) 2.  That the Court has entered its own Parenting Plan, which is made a part of this order. 3.  Other orders: C. Support for Minor Children : 1.  An Order for Support shall be entered. If you have a Support Order in another case enter the information in C2 . 2.  Support shall continue as ordered in court case: Court case number located in: County State 3.  Child support is reserved (no child support is ordered at this time) . If you and your spouse have an agreement, complete D, otherwise, DO NOT complete D. D. Claiming Children as Dependants on State and Federal Tax Returns: 1. The right to claim children as dependants on state and federal tax returns belongs to:  Petitioner  Respondent for all tax years  Petitioner  Respondent for even -numbered tax years  Petitioner  Respondent for odd -numbered tax years Petitioner's initials:  Each party shall have the right to claim one -half of the children each tax year. If there Respondent's initials: is an odd-number of children, Petitioner shall claim the additional child in Enter the Case Number given by the Circuit Clerk: _________________________________ DV-J 106.1 Page 4 of 6 (04/1 8)  even  odd -numbered years and Respondent shall claim the additional child in  even  odd -numbered years. 2. This order does not address the right to claim the children as household residents for the purpose of applying for earned income credit. 3. If a party has a duty to pay child support for the minor children and is awarded the right to claim one or more of the minor children as dependents for tax purposes, that right may only be exercised if that party is current in their child support obligation by January 15 of the year following the relevant tax year. If you and your spouse have an agreement, complete E, otherwise, DO NOT complete E. E. Support for Adult Children (for education or disabled child) : 1.  Support is ordered as follows:  Petitioner  Respondent will pay: 2.  Support for adult children is reserved (no support is ordered at this time). In F1, DO fill in the name of creditor and amount owed for debts after the date of marriage/civil union in the chart. If you and your spouse have an agreement, check who is to pay the debts, otherwise, DO NOT check who is to pay the debt. F. Debts and Liabilities : 1. These debts shall be paid by parties as follows: Debt (Name of Creditor) Amount Owed To be paid by: Petitioner Respondent Both Equally 1. $    2. $    3. $    4. $    5. $    6. $    7. $     I have listed additional debts on the Additional Debts and Liabilities form. If you and your spouse have an agreement, complete F2, otherwise, DO NOT complete F2. 2. Debts not included in the chart above shall be paid by the parties as follows:  Each party will be responsible for 50% of each joint debt .  Each party will pay all of the debts in their own name. 3. Parties shall indemnify and hold the other party harmless for the debts they are assigned. If you and your spouse have an agreement, complete G, otherwise, DO NOT complete G. G. Pension and Retirement Accounts : 1.  Ea ch party is awarded the pension and retirement accounts in their own name. 2.  Petitioner is awarded % of the marital/civil union portion of Respondent’s pension/retirement accounts. 3.  Respondent is awarded % of the marital/civil union portion of Petitioner’s pension/retirement accounts. 4.   Petitioner  Respondent shall prepare a Qualified Domestic Relations Order . 5.  Other orders: Petitioner’s initials: Respondent's initials: Enter the Case Number given by the Circuit Clerk: _________________________________ DV-J 106.1 Page 5 of 6 (04/1 8) If you and your spouse have an agreement , complete H, otherwise, DO NOT complete H. H. Real Estate : 1.   Petitioner  Respondent is awarded the marital real estate and shall pay the other party $ for their interest in the real estate. 2.  The marital real estate shall be sold. “Marital real estate” is an interest in real estate obtained during the marriage or civil union . The net proceeds of the sale (sale price minus costs of sale) shall be divided with Petitioner to receive % Respondent to receive % 3.  Until the marital real estate is sold, mortgage payments will be paid by  Petitioner %  Respondent % 4.  Until the marital real estate is sold, real estate taxes will be paid by  Petitioner %  Respondent % 5.  Until the marital real estate is sold, insurance will be paid by  Petitioner %  Respondent % 6.  Until the marital real estate is sold, cost of maintaining the property will be paid by  Petitioner %  Respondent % 7.   Petitioner  Respondent is entitled to claim mortgage payments for federal and state tax purposes. 8.   Petitioner  Respondent is entitled to claim property tax payments for federal and state tax purposes. 9.   Petitioner  Respondent will refinance the debt on the real estate to remove the other party from the obligation by: Date 10.   Petitioner  Respondent will sign a quitclaim deed transferring their interest to the other party by: Date 11.  Other orders: If you and your spouse have an agreement, complete I, otherwise, DO NOT complete I. I. Personal Property and Bank Accounts : 1.  Parties shall keep the property and bank accounts in their own name or possession. 2.  Personal property of the marriage/civil union shall be divided as follows: Chart: DO list the personal property obtained during the marriage/civil union in the chart. If you and your spouse have an agreement , check who gets the property, otherwise, DO NOT check who gets the property. Personal Property and Bank Accounts (Be specific in your description of each piece of property) Property goes to: Petitioner Respondent 1.   2.   3.   4.   5.   6.   7.   8.    I have attached an Additional Personal Property & Bank Accounts form. 3.  Any personal property exchange required by this order shall take place within 30 days of the date of this Judgment. 4.  Other orders (including pets) : Petitioner’s initials: Respondent's initials: Enter the Case Number given by the Circuit Clerk: _________________________________ DV-J 106.1 Page 6 of 6 (04/1 8) If you and your spouse have an agreement , complete J, otherwise, DO NOT complete J. J. Maintenance : 1.  Parties are forever barred from claiming maintenance from the other. 2.  An Order for Support shall be entered. 4.  Other orders: In K, if you or the Respondent want to go back to a former name, check the box and enter the former last name. K. Former Name : 1.  Petitioner is permitted to resume using the former last name of: Former Last Name 2.  Respondent is permitted to resume using the former last name of: Former Last Name If you and your spouse have an agreement, complete L, otherwise, DO NOT complete L. L. Other Relief : 1.  None 2.  Relief as follows: M. This court reserves jurisdiction over the parties and the subjec t matter for purposes of enforcing this Judgment. Petitioner’s initials: Respondent's initials: DO NOT complete this section . The judge will sign and date here. ENTERED: Judge Date