Sample Petition

Petition for Dissolution of Marriage

STATE OF ILLINOIS
                                SS:
COUNTY OF ^

IN THE CIRCUIT COURT OF ^ COUNTY, ILLINOIS
COUNTY DEPARTMENT ‑‑ DOMESTIC RELATIONS DIVISION

IN RE THE MARRIAGE OF

          ^,

     Petitioner,

     ‑ and ‑                   NO.

          ^,

     Respondent.

PETITION FOR
DISSOLUTION OF MARRIAGE

Now comes the petitioner, ^, by and through ^(his/her) attorneys, ^(your firm), and respectfully shows unto this Honorable Court as follows:

1. That the petitioner is ^ years of age; resides at ^; has resided in the State of Illinois for ^, and is presently domiciled in the State of Illinois.

2. That the respondent is ^ years of age; resides at ^; has resided in the State of Illinois for ^; and is presently domiciled in the State of Illinois.

3. The parties were married on ^, 19^, at ^(place), and said marriage was registered in the County of ^, State of ^.

4. That, as a result of the marriage, ^ child(ren) were born to the parties: ^(state names and ages or birth dates); no children were adopted by them, and the ^(petitioner/respondent) is not now pregnant.

It is in the best interests of the said minor child(ren) that custody be granted to the petitioner. The petitioner is a fit and proper person to have the sole care, custody, control and education of the said minor child(ren).

‑OR‑

4. That no children were born to or adopted by the parties, and the ^(petitioner/respondent) is not now pregnant.

5. That there exist grounds for Dissolution of Marriage within the meaning and purview of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/401(a), in that:

(a) Without cause or provocation on the part of your petitioner, the respondent has wilfully deserted and absented ^(himself/herself) from the petitioner, commencing on the ^ day of ^, 19^, and continuing for a period in excess of one year, to the present time.

‑OR‑

(a) Without cause or provocation on the part of your petitioner, the respondent has committed adultery subsequent to the marriage.

‑OR‑

(a) Without fault or provocation on the part of your petitioner, the respondent has been guilty of extreme and repeated mental cruelty toward the petitioner.

‑OR‑

(a) Without fault or provocation on the part of your petitioner, the respondent has been guilty of habitual drunkenness for a period of two years.

‑OR SIMILAR SENTENCE FOR OTHER FAULT GROUND‑

‑OR‑

(NO‑FAULT; SEPARATION IN EXCESS OF TWO YEARS)

5. That the parties separated on or about ^ (insert date) and since on or about ^ (insert same date), the parties have lived separate and apart for a continuous period in excess of two (2) years, to wit: ^ (# of years). That irreconcilable differences have caused the irretrievable breakdown of the marriage. That efforts at reconciliation have failed and future attempts at reconciliation would be impracticable and not in the best interests of the family.

(NO‑FAULT WITH STIPULATION TO WAIVE TWO‑YEAR PERIOD)

5. That the parties are separated and have lived separate and apart for a continuous period in excess of six months and irreconcilable differences have caused the irretrievable breakdown of the marriage; the parties' efforts at reconciliation have failed and future attempts at reconciliation would be impracticable and not in the best interests of the family.

6. That during the marriage of the parties, they acquired certain marital property, within the meaning of the Illinois Marriage and Dissolution of Marriage Act, including, but not limited to:

(a) The improved real estate commonly known and described as ^, which constitutes the former marital premises;

(b) The furniture, furnishings and fixtures situated therein;

(d) The ^ (petitioner/respondent's) interest in ^(retirement) (profit‑sharing) (deferred compensation) plan(s) ^(identify);

(e) Policies of insurance on the life of ^;

(f) Bank accounts in the joint names of the parties, or of either of them in the ^ (name of bank(s));

(g) A 19^ automobile;

(h) ^(continue to list all major assets); and other property. This Court ought to determine the above‑listed to be marital property within the meaning of the Illinois Marriage and Dissolution of Marriage Act. Accordingly, your petitioner should be awarded ^(his/her) fair, just and equitable share and proportion of the said marital property.

IF THERE IS NON‑MARITAL PROPERTY:

7. That the petitioner acquired certain non‑marital property within the meaning of the Illinois Marriage and Dissolution of Marriage Act, including, but not limited to:

(a) ^ (list all assets claimed to be non‑marital)

(b)

(c)

The property listed above, as set forth should be determined by this Court to be the non‑marital property of your petitioner, and, as a consequence, ^(his/her) sole and separate property.

WHERE PETITIONER SEEKS TO BE AWARDED THE MARITAL HOME:

___. The parties, by their joint effort, frugalities and contributions, have acquired the marital home located at the commonly known address of ^ (address). Title to that property is held in joint tenancy by the parties. Within the home are certain articles of furniture, furnishings and fixtures.

The legal description of the home and a listing of the personal property within is attached to and made a part of this petition as Exhibit "^." The petitioner is in need of sole possession and/or ownership of the home, together with the articles of furniture, furnishings and fixtures within in order to provide a proper and suitable home for ^(herself/himself) and the minor children of the parties.

WHERE PETITIONER SEEKS MAINTENANCE AND CHILD SUPPORT:

8. The respondent is a well and able‑bodied ^(man/woman) who is regularly and gainfully employed as ^ (occupation and employer), and that ^(he/she) is well able and capable of making provision for the suitable, adequate, and proper maintenance and support of the petitioner and of the minor child(ren) of the parties, whereas the petitioner is without sufficient funds for the maintenance and support of ^(himself/herself) and of the minor child(ren) of the parties; as a consequence, the respondent ought to be required by order of this Court to (contribute to the maintenance and support of)/(maintain and support) your petitioner and the minor child(ren) of the parties.

‑OR‑

WHERE PETITIONER WIFE SEEKS CHILD SUPPORT ONLY:

8. The respondent is a well and able bodied (man/woman) who is regularly and gainfully employed as ^ (occupation and employer), and that ^(he/she) is well able and capable of making provision for the suitable, adequate and proper support of the minor child(ren) of the parties, whereas the petitioner is without sufficient funds for the support of the minor child(ren) of the parties; as a consequence, the respondent ought to be required by order of this Court to ^(contribute to the support of)(support) the minor child(ren) of the parties.

‑OR‑

WHERE PETITIONER SEEKS MAINTENANCE ONLY:

8. The respondent is a well and able bodied ^(man/woman) who is regularly and gainfully employed as ^ (occupation and employer), and that ^(he/she) is well able and capable of making provision for the suitable, adequate and proper maintenance of the petitioner, whereas the petitioner is without sufficient funds for the suitable, adequate and proper maintenance of ^(himself/herself) as a consequence, the respondent ought to be required by order of this Court to ^ (contribute to the maintenance of) (maintain) the petitioner.

9. The petitioner has been compelled to incur certain charges and attorneys' fees and court costs in connection with the preparation, presentation and litigation of this cause. The respondent is well able and capable of paying and defraying all costs and expenses necessarily incurred by the petitioner. The petitioner is without sufficient funds to pay and to defray the attorneys' fees and court costs necessarily incurred by ^(him/her). As a consequence, the respondent should be required by order of this Court to pay and to defray these fees, costs and expenses in their entirety.

WHEREFORE, the petitioner prays:

A. For the entry of an order dissolving the bonds of marriage now existing by and between the parties.

B. For the entry of an order both temporary and permanent awarding to ^(him/her) the sole care, custody, control and education of the minor child(ren) of the parties.

C. For the entry of an order both temporary and permanent against the respondent, requiring ^(him/her) to pay a fair and reasonable sum for the maintenance of your petitioner.

D. For the entry of an order both temporary and permanent against the respondent, requiring ^(him/her) to pay a fair and reasonable sum for the support of the minor child(ren) of the parties.

E. For the entry of an order awarding to your petitioner any and all of ^(his/her) non‑marital property, free and clear of any right, title or interest of the respondent.

F. For the entry of an order awarding to the petitioner ^(his/her) fair, just, and equitable share and proportion of the marital property of the parties.

G. For the entry of an order against the respondent, requiring ^(him/her) to pay to the attorneys for the petitioner,as and for the defrayal of fees and costs necessarily incurred by ^(him/her) in connection with the institution and prosecution of this cause, such sum or sums of money as equity may require and which are reasonable and just.

^. For the entry of an order against the respondent, requiring ^(him/her) to vacate the premises formerly occupied by the parties as their marital home, and enjoining and restraining ^(him/her) from entering into or being upon the said premises, pending a hearing on the merits of this issue, and then, indefinitely, until further order of court; all pursuant to the relevant provisions of the Illinois Marriage and Dissolution of Marriage Act.

^. For an order awarding to your petitioner such other, further, and different relief as equity may require and which as to this Court may deem to be reasonable and just.

(client's signature)

(lawyer's signature)

CERTIFICATION

Under penalties as provided by law pursuant to Section 1‑109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct.

(client's signature)

ATTORNEY CODE NO. ^

(your firm's name) ^

Attorneys for ^(Petitioner/Respondent)^

(Address) ^

(Telephone) ^

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