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Divorce Agreement with Children

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Judgment of Dissolution of Marriage / Civil Union (Divorce with Children)

STATE OF ILLINOIS, CIRCUIT COURT

COUNTY:

Petitioner:

v.

Respondent:

Case Number:

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

The Court makes the following findings of fact:

1. Present in Court:

a. Petitioner present: Yes No represented by Lawyer

b. Respondent present: Yes No 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

d. This Court has jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act: Yes No

3. Residency Requirement:

a. Petitioner 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

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

4. Information about the Marriage / Civil Union:

a. Parties were married/united on:

b. Parties were married/united in:

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.

6. Children of the Marriage/Civil Union:

a. Petitioner is pregnant: Yes No

The unborn child is Respondent’s: Yes No Unknown

b. Respondent is pregnant: Yes No Unknown

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 or during the marriage/civil union are: None

1. Name: Date of Birth:

2. Name: Date of Birth:

3. Name: Date of Birth:

I have listed additional minor children on the attached Additional Minor Children form.

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

1. Name: Age: Disabled: Yes No In School: Yes No

2. Name: Age: Disabled: Yes No In School: Yes No

3. Name: Age: Disabled: Yes No In School: Yes No

I have listed additional adult children on the attached Additional Adult Children form.

e. The other children born to or adopted by either Plaintiff or Respondent, but not both, this marriage/civil union are: None

1. Name: Date of Birth: Born To or Adopted By: Petitioner Respondent

2. Name: Date of Birth: Born To or Adopted By: Petitioner Respondent

3. Name: Date of Birth: Born To or Adopted By: Petitioner Respondent

I have listed additional children on the attached Additional Other Children form.

7. Allocation of Parental Responsibility:

No minor children.

It is in the best interests of the minor children that the Parenting Plan of Petitioner Respondent Both Parties (agreement) be approved by the court.

It is in the best interests of the minor children that the court enter its own Parenting Plan.

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:

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 attached Non-Marital Real Estate form.

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 Respondent are hereby dissolved.

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:

An Order for Support shall be entered.

2. Support shall continue as ordered in court case: located in:

Child support is reserved (no child support is ordered at this time).

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

Each party shall have the right to claim one-half of the children each tax year. If there is an odd-number of children, Petitioner shall claim the additional child in 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.

E. Support for Adult Children (for education or disabled child):

1. Support is ordered as follows: Petitioner Respondent will pay:

Support for adult children is reserved (no support is ordered at this time).

F. Debts and Liabilities:

1. These debts shall be paid by parties as follows:

Debt (Name of Creditor) Amount Owed Petitioner Respondent Both Equally
$
$
$

I have listed additional debts on the Additional Debts and Liabilities form.

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.

G. Pension and Retirement Accounts:

Each 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:

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.

The marital real estate shall be sold.

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:

10. Petitioner Respondent will sign a quitclaim deed transferring their interest to the other party by:

11. Other orders:

I. Personal Property and Bank Accounts:

Parties shall keep the property and bank accounts in their own name or possession.

Personal property of the marriage/civil union shall be divided as follows:

Personal Property and Bank Accounts Petitioner Respondent

I have attached an Additional Personal Property & Bank Accounts form.

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):

J. Maintenance:

Parties are forever barred from claiming maintenance from the other.

An Order for Support shall be entered.

4. Other orders:

K. Former Name:

1. Petitioner is permitted to resume using the former last name of:

2. Respondent is permitted to resume using the former last name of:

L. Other Relief:

None

Relief as follows:

M. This court reserves jurisdiction over the parties and the subject matter for purposes of enforcing this Judgment.

Petitioner’s initials:

Respondent’s initials:

ENTERED:

Judge:

Date:

Enter text

What a Divorce Agreement with Children Covers

A Divorce Agreement with Children (often called a parenting plan or custody and support agreement) is a written contract between separating parents that sets custody, parental responsibilities, visitation schedules, child support, decision-making authority, and dispute-resolution procedures. It can be a standalone private contract or submitted to a family court for inclusion in a final decree. Although electronic signatures are generally accepted under ESIGN (15 U.S.C. ch. 96) and UETA, family law filings and final court orders can be treated differently by some courts; confirm local court rules before relying solely on an electronic-only workflow.

Why a Clear Parenting Agreement Matters

A written agreement reduces ambiguity about parenting time, expenses, and decision-making, lowering the chance of disputes and emergency court interventions.

Why a Clear Parenting Agreement Matters

Who Typically Prepares or Signs This Agreement

Several parties use or complete a Divorce Agreement with Children depending on the situation and whether the agreement will be filed with the court.

  • Separating parents negotiating custody and support without litigation, often using mediation or collaborative processes.
  • Family law attorneys preparing legally enforceable parenting plans and filing them for incorporation into a court decree.
  • Mediators and court-connected dispute-resolution programs drafting neutral agreements for later submission to the family court.

Essential Sections to Include in the Agreement

A professional Divorce Agreement with Children covers custody, visitation, financial support, health and education decisions, dispute resolution, and provisions for modification and enforcement.

Custody Type

Specify legal custody (decision-making) and physical custody (residence and parenting time), including weekdays, weekends, holidays, and summer schedules.

Parenting Time

Provide a detailed schedule plus transportation responsibilities, exchange locations, and procedures for late pickups or missed time.

Child Support

State the support amount or calculation method, payment schedule, responsibility for insurance and extraordinary expenses.

Decision-Making

Define responsibility for medical, educational, religious, and extracurricular decisions and how parents will share information.

Dispute Resolution

Include mediation/arbitration steps before returning to court, and how temporary disputes are handled during the process.

Modification Terms

Specify conditions for future revisions (changed circumstances), notice requirements, and the process for court approval if needed.

Step-by-Step: Preparing and Finalizing the Agreement

A clear sequence helps ensure the agreement is comprehensive, signed correctly, and accepted by the court when filing is required.

  • 01
    Draft: Collect child details, propose custody and support terms, and draft the agreement text.
  • 02
    Review: Have each party review with counsel or a mediator and resolve disagreements before signing.
  • 03
    Sign: Obtain signatures, dates, and any required notarization or witness acknowledgements.
  • 04
    File or Store: File with the family court if incorporation into a decree is desired, or store originals securely if private.

Recommended Digital Workflow Settings

Configure your e-sign workflow to capture intent, consent, signer identity, and an auditable completion record before sharing or filing.

Field Configuration
Authentication Method Email link plus SMS code or two-factor for stronger attribution
Signature Order Specify sequential signing when parental agreement is required in order
Conditional Fields Show payment or insurance fields only if applicable to avoid confusion
Storage Location Save final PDF and audit trail to secure cloud or case file repository

Typical Electronic Signing Flow for Parenting Agreements

An e-sign flow captures intent, signer authentication, and an audit trail that courts and third parties can review when permitted.

  • Upload Document: Sender uploads draft parenting agreement to the signing platform.
  • Place Fields: Add signature, date, and initial fields plus any conditional items.
  • Invite Signers: Send secure links or email invites requiring authentication.
  • Finalize: Signed copies and an audit trail are generated for download and filing.

Platform Capabilities to Check Before eSigning

Ensure your chosen platform supports required security, notarization, and the ability to produce a court-acceptable audit trail.

  • Authentication: Email, SMS, or stronger multi-factor
  • Audit Trail: IP, timestamp, and action history
  • RON / Notary: Remote notarization support if needed

Timing Items to Watch During Agreement Finalization

Several time-sensitive steps affect enforceability and filing strategy; check local rules for exact timeframes before relying on them.

Temporary Orders Hearing:

Often scheduled within weeks to a few months after filing, depending on the court calendar

Signature Date:

Use a clear execution date to determine when obligations begin

Filing Deadline:

If incorporating into a decree, file according to local family-court procedural timelines

Notarization Timing:

Complete notarizations at signing when a notary or RON is required

Modification Notice:

Provide the notice period specified in the agreement before proposed changes take effect

Security and Compliance Checklist

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trails: Comprehensive timestamps and IP logs
HIPAA Support: BAA available where required
Regulatory Compliance: ESIGN and UETA compliant
21 CFR Part 11: Supported for regulated records
Certifications: SOC 2 Type II and ISO 27001

Consequences of an Incorrect or Incomplete Agreement

Court Rejection: Agreement may be denied enforcement
Enforcement Risk: Payments or custody may be contested
Perjury Exposure: False statements can result in sanctions
Loss of Rights: Improper waivers may be unenforceable
Tax Consequences: Support and dependency claims can be affected
Delay Costs: Extra court hearings increase time and expense

Common Preparation Errors to Avoid

  • Leaving parenting schedules vague or open-ended, which invites disputes and additional court involvement later.
  • Using inconsistent names or birthdates for children and parties, causing identity verification and filing delays.
  • Failing to notarize or obtain required witness signatures when local rules or courts demand original execution.
  • Not specifying payment methods and dates for child support, which complicates enforcement and accounting.

eSignature Platform Pricing and Compliance Overview

Compare common eSignature vendors on starting price, trial availability, bulk-send capability, audit trails, HIPAA support, and envelope caps to choose a solution that fits custody agreement workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Divorce Agreements with Children

Answers to common questions about validity, electronic signing, notarization, filing, and later modifications for parenting agreements.


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