Divorce

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 interests of each of the parties to consult attorneys regarding the dissolution of their marriage.
You should not rely exclusively on this information. This information is intended only as a guide for self-representation.
Not everyone qualifies for the joint simplified proceedings which are described in this section.
If you do qualify and 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 entered in a dissolution proceeding is final. You will have no right to appeal. Such a judgment may only be set aside on grounds of fraud, duress, accident, mistake, or 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.

Parenting Class
The Judges of McHenry County are concerned for the welfare of children of divorce. Parenting Class is mandated in McHenry County for any parent in the process of divorce or who is involved in after-divorce proceedings in which there are minor children involved. Parents involved in parentage actions, and ordered by the Court must also attend, however, any adult who is interested in the program can participate. The four-hour class offered at McHenry County College, "Parents, Children & Divorce," is designed to offer parents the opportunity to learn about and discuss the effects of divorce on minor children. Registration fee is $60 per person (materials included) and is due in full at the time of registration. The fee is paid to McHenry County College; do NOT pay the Court. McHenry County College accepts cash, personal check, money order, Visa, MasterCard and Discover for payment. Both parties must complete the Parenting Class before a judgment of dissolution will be entered in a divorce case.

Click below for more information and a Parenting Class Registration Form from McHenry County College:

PARENTING CLASS INFORMATION

Joint Simplified Divorce Procedure
Who May Use the Joint Simplified Dissolution of Marriage Procedure? To use the Joint Simplified Dissolution of Marriage procedure, the following must apply to you and your spouse:

Irreconcilable differences have caused 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 and your spouse must have lived separate and apart for at least six months and you must be willing to waive the requirement for a two-year separation before obtaining a dissolution on the grounds of irreconcilable differences.
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 for the 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 $35,000 but provides that neither party may have a gross annual income in excess of $20,000.
The total value of marital property you and your spouse own, less any encumbrances (amount owed on the property, such as the amount owed on a car loan), must be less than $10,000. Neither you nor your spouse may own any real estate.
You and your spouse each must be willing to permanently give up any right to maintenance (alimony).
You and your spouse must have disclosed to each other all assets each of you have, and disclosed all tax returns filed during your marriage.
You 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 sign and exchange all documents (such as automobile titles, etc.) necessary to carry out the agreement before any 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).

Simplified Divorce Forms & Instructions
These divorce forms and instructions are ONLY for use if you qualify for the Joint Simplified Divorce which is explained above. With all four forms, you should either type the necessary information or neatly print the information in ink. Fill out all forms completely. The McHenry County Circuit Clerk’s Office will insert the Case Number on the Affidavit, Petition and Judgment. Even though this is a "Joint" Petition, one of the parties must be designated as the "Plaintiff" and the other must be designated as the "Defendant". Traditionally, the party seeking the dissolution is the Plaintiff.

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 on the Petition and paragraphs 11 and D of the Judgment.

In addition to these four forms, the McHenry County Circuit Clerk’s Office will give you a Certificate of Dissolution of Marriage, which you must complete.

NOTE: Other than providing this information and the accompanying forms, the Circuit Clerk’s Office is prohibited by law from giving any legal advice.

These divorce forms are designed for use ONLY if you qualify for the Joint Simplified Divorce which is explained above.