Illinois Judgment for Dissolution of Marriage

State:
Illinois
Control #:
IL-SKU-2097
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PDF
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Description

Judgment for Dissolution of Marriage

An Illinois Judgment for Dissolution of Marriage is a legal document that outlines the court’s decision regarding the dissolution of a marriage. It is issued by the court upon the completion of the dissolution process, and it outlines the agreement between the two parties, including terms such as division of property, alimony/maintenance, child support, and any other issues relevant to the marriage dissolution. The two types of judgments that may be issued for the dissolution of marriage in Illinois are 1) Judgment for Dissolution of Marriage (with or without Children) and 2) Judgment on Separation without Dissolution of Marriage. The first type of judgment is issued when both parties agree on all the terms of the dissolution and the court approves the agreement. This type of judgment officially dissolves the marriage. The second type of judgment is issued when the parties are able to agree on some issues, but not all. This judgment will determine the rights and responsibilities of the parties in regard to those issues, but the marriage is still in effect.

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FAQ

Although a default judgment is enforceable like a judgment entered after a trial, a default judgment may be vacated, unlike a judgment that is entered after a trial.

To respond, you must file an Appearance form and an Answer form with the court by the deadline. You may also file a Counter-Petition for divorce.

If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.

Unfortunately, many contested divorces can drag on for up to two years if neither spouse is able to concede to any of the disputed issues. Essentially, a contested divorce means that spouses do not agree upon terms regarding property division, child custody or even the divorce itself.

In a default divorce, the court makes the final decisions based on the information from your spouse, and what the law says, without hearing your side. A divorce by default with agreement means you don't have to respond, but you and your spouse do need a written agreement.

(a) A judgment of dissolution of marriage or of legal separation or of declaration of invalidity of marriage shall be entered within 60 days of the closing of proofs; however, if the court enters an order specifying good cause as to why the court needs an additional 30 days, the judgment shall be entered within 90 days

Default Judgments in Illinois Divorce Cases If the respondent does not respond within the appropriate time frame, the petitioner may file a motion to hold the spouse in default. Essentially, filing a motion for a default divorce is asking the Court to proceed with the divorce case in the absence of the other spouse.

Unfortunately, you cannot legally stop the divorce from happening once your spouse has filed. However, ing to Southern Illinois University School of Law, once someone has filed for an Illinois divorce and the spouse has been served the papers, the filer can still change his or her mind.

More info

INSTRUCTIONS: Type or print with black ink and file with Court Clerk within 60 days of the judgment. This marriage has broken down irretrievably.A Divorce (Dissolution of Marriage) upon Default means that your spouse chose not to participate in the court action. Final Judgment: You are divorced as the date indicated and free to marry again once that date passes. Interlocutory Judgment: You are still married. This judgment divides all marital and non-marital property and marital debt. The Judgment for Dissolution of Marriage is a final order of the court that the judge signs granting you a dissolution of your marriage. The Judgment is an order from the court that says that two people are divorced. If you asked for a divorce, the judgment will state the exact day your marriage or domestic partnership officially ends. A Judgment For Dissolution Of Marriage is the final written document at the end of the divorce process.

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Illinois Judgment for Dissolution of Marriage