JOINT SIMPLIFIED DISSOLUTION OF MARRIAGE Filing fee of $268.00 is payable by CASH or MONEY ORDER Both Parties must be present with completed paper work at the Circuit Clerks Office Family Division at 8:00 a.m., Monday, Wednesday, Thursday and Friday. There are no uncontested hearings are heard on Tuesdays. Paper work MUST be completed in black ink, signed and Notarized INFORMATION AND INSTRUCTIONS PROVIDED BY THE ST. CLAIR COUNTY CIRCUIT CLERKS OFFICE 1 American LegalNet, Inc. www.FormsWorkFlow.com This brochure is being provided to you along with the necessary forms for filing a joint simplified petition for Dissolution of Marriage. This type of dissolution procedure is not available to everyone; there are limitations on, among other items, the length of the marriage the amount of property owned and income of the parties. You should read this brochure carefully to see if this procedure is available to you. This brochure also included general information on Dissolution of Marriages and instruction for completing the forms. GENERAL INFORMATION CONCERNING DISSOLUTION OF MARRIAGES A Dissolution of Marriage (commonly referred to as a divorce) is a serious legal step which should not be taken without considerable thought. If you are considering such a proceeding, you should note the following: It is in the best interest of each of the parties to consult attorneys regarding the Dissolution of their Marriage. The services of attorneys may be obtained. You should not rely exclusively on this brochure. The brochure is intended only as a guide for self-representation. Marriage counseling services are available to you in your community. If you use this joint simplified proceeding you will lose any right you may have to maintenance (commonly known as alimony). Once you lose the right to maintenance in a legal proceeding, you can never again obtain maintenance from your former spouse. A Judgment of Dissolution of Marriage (Divorce) permanently settles all financial rights arising out of your marriage, including the right to property held in the name of your spouse and the right to support from your spouse. A judgment entered in a dissolution proceeding is FINAL. You will have no right to appeal. Such judgment may only be set aside on ground of fraud, duress accident, mistake, and other grounds at law or in equity. You and your spouse remain married and CANNOT remarry until a judgment dissolving your marriage is signed by the Judge. 2 American LegalNet, Inc. www.FormsWorkFlow.com WHO MAY USE THE JOINT SIMPLIFIED DISSOLUTION OF MARRIAGE? To use the Joint Simplified Dissolution of Marriage procedure the following must apply to you and your spouse: Irreconcilable differences cause the irretrievable breakdown of your marriage. All efforts at reconciliation of the differences have failed and future attempts at reconciliation would not be in the best interest of you and your spouse. You must have been married less than eight (8) years and either you or your spouse (or both) must have lived in the State of Illinois for at least ninety (90) days immediately prior to filing of dissolution. No children were born to or adopted by you and your spouse during your relationship and the wife is not now pregnant. Your joint annual, gross income from all sources must be less than $60,000 but neither party may have a gross annual income in excess of $30,000. The total value of marital property you and your spouse own, less any encumbrances (amount owed to the property, such as the amount owed on a car loan), must be less than $10,000. You and your spouse each must be willing to permanently give up any right to maintenance (alimony). You and your spouse each must have disclosed to each other all assets each of your have, and disclosed all tax returns filed during your marriage. Your and your spouse must sign a written agreement dividing between yourselves all marital assets worth more than $100.00 and dividing responsibility for all debts and liabilities. You must divide the property and then sign and exchange all documents (such as automobile titles, etc) necessary to carry out the agreement before the court hearing. You and your spouse must waive any right you may have to a bifurcated hearing on your dissolution petition (a hearing held in two parts, one to decide the issues related to granting the dissolution and the other to decide any property or other issues). INSTRUCTIONS FOR COMPLETING THE FORMS 3 American LegalNet, Inc. www.FormsWorkFlow.com There are three forms which must be completed for obtaining a joint simplified dissolution of marriage. All these forms have been drafted to be self-explanatory and as easy to complete as possible. FORMS: and Joint Affidavit Regarding Separation of the Parties, Division of Property Waiver of Bifurcated Hearing Joint Petition for Simplified Dissolution of Marriage Judgm ent for Dissolution of Marriage With all three forms, you should either type the necessary information or neatly print the information in BLACK ink. Fill out all forms completely. Your Circuit Clerk will insert the number ("No.") on the Affidavit, Petition and Judgment. Even though this is a "Joint" Petition, one of the parties MUST be designates as a "Petitioner" and the other MUST be designated as a "Respondent". Traditionally the party seeking the dissolution is the Petitioner. The "Joint Petition for Simplified Dissolution of Marriage" and the "Joint Affidavit Regarding Separation of the Parties, Division of Property and Waiver of Bifurcated Hearing" must be signed in front of a Notary Public. You should file a copy of your written agreement dividing marital assets, debts and liabilities at the time you file the Petition. The "Judgment of Dissolution of Marriage" need not be signed in front of a Notary, but should be completed and signed by both parties (below the words "Approved as to Form and Content") before your hearing. The judge will complete the "Entered" line and sign the Judgment if the Dissolution is granted. If the wife wishes to return to her maiden or former name, you should complete Paragraphs 11 and C of the PETITION and Paragraphs 11 and D of the JUDGMENT. In addition to these three forms, the Circuit Clerk will give you a Certificate of Dissolution of Marriage which you must complete. Other than providing this brochure and these forms, Circuit Clerk Employees are prohibited by law from giving any legal advice. 4 American LegalNet, Inc. www.FormsWorkFlow.com IN THE CIRCUIT COU