Legal Question in Family Law in Illinois

My husband and I have been married for just over 2 years and we want an uncontested divorce. We have never lived together, we don't own property together; the only things of value that we own are our cars, which are in each of our names individually.

Neither one of us will be using representation. My husband is going to file. He got the paperwork from the county clerk's office. We both live in the Chicago suburbs.

My question is just concerning the order of events...We're not sure exactly what to do with all the paperwork and when...

So, we have the following documents:

-A Domestic Relations cover sheet, checked General Proceeding C: 001: Petition for Dissolution of Marriage. This action does not involve a minor child or children. I have not previously filed a divorce.

-Form 3231 - Stipulation to Hear Uncontested Cause

-CCDR N004 - Appearance form (this form has a place for me, the respondent, to sign, but not the petitioner

-My husband's petition for dissolution of marriage (which contains 6 points: the first 5 referring to our ages, where we reside, when we were married, that we don't have any children, and that grounds exist for dissolution of marriage...then the 6th, which is that I can't have his car)

So, my husband thought we have to sign and file them all together at once, but that doesn't seem right to me. The one that I'm particularly concerned about is the appearance form. It seems to be only for me to turn in...I want to know if me signing and filing this form mean that I must appear in court on the day they provide...the thing is, we don't know when the court date is going to be yet, and I travel for work...for all I know I may be out of the country that day. So, that brings up another it necessary for me to appear in court? Also, do I need to send an answer to each of the 6 points on his petition, sending him a copy of this answer form? Or is me signing the "stipulation to hear uncontested cause" form enough to say that I don't contest to anything on his petition?

Lastly, what do we do with the 3231 form? When do we sign that and submit it? Reading this form, it seems like it is used to request a court date? Should we submit this one together with his petition? (note: this form seems to require both our signatures)

Asked on 6/15/10, 2:29 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

you might be able to do a joint simplified divorce. if not then you as respondent can sign, if you choose, the appearance , the 3231 - but has he prepared a judgment for dissolution. do not sign anything until you see that form.

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Answered on 6/15/10, 5:35 pm

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