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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1627
Experience:  Experienced, and knowledgeable family law attorney.
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I just bought an online set of documents to get a divorce in

Customer Question

Hi I just bought an online set of documents to get a divorce in Illinois. It contains an entry of appearance waiver and concent, petition of disolution /no children, stipulation to waver two year requirement, notice of hearing, certification of mailing notice of hearing, judgement of dissolution, and certificate of mailing judgement. Additionally there is a simple settlement agreement statement.
I do not have questions regarding how to fill them but I have questions about how I present them to court. For instance, it is not clear to me to present to the clerk the certification of mailing of judgement that states I mailed it when it has not happened yet.
Need detailed explanation in how to present -in what order and in how many steps- my divorce documents to court ( Illinois- McHenry County)
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 1 year ago.

Thank you for the opportunity to assist you.

It sounds like you're doing what I call a "paper divorce." That means that the parties basically agree on everything, there are no legal issues to resolve, and nobody goes to court. The documents are submitted, the judge signs off, and poof! You're divorced. If my assumption is incorrect, let me know.

Here's a step by step overview:

1. Fill out all the documents.

2. Your ex will need to sign the entry of appearance waiver and consent, the waiver for the two year requirement, the settlement agreement, and (most likely) the judgment of dissolution.

3. Once everything is signed, file everything except the certification of mailing of judgment with the clerk. Get a stamped copy of all documents for yourself and one for your ex.

4. Date the certificates of service the same day you file the documents with the clerk. Once you have the stamped copies, put a copy of everything in the mail to your ex that same day.

5. At some point, you'll get a certified copy of the judgment of dissolution. That's your official divorce decree. Send a copy of that to your ex, and then file the certification of mailing of judgment with the clerk. Get a stamped copy of that too.

All done!

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond. Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.

Best wishes to you,
Shuband

Customer: replied 1 year ago.
i need to follow up your response. When you say "most likely" the judgement of dissolution what it means?
Customer: replied 1 year ago.
The divorce kit also has two forms that I do not if I may ignore. They are the notice of hearing and the certificate of mailing of notice of hearing. Are they applicable to my case?
Expert:  S. Huband, Esq. replied 1 year ago.

Thanks for the update. I just got out of court.

Most orders that are agreed upon, such as a judgment of dissolution, are signed by both parties. Look toward the end of the order and see if there is a signature line for either or both parties. If there is, make sure it's signed by whichever party or parties are needed.

As for the notice of hearing and certificate, that's not needed unless you go to court to ask the judge to rule on something. Since you and your ex agree on what to do, you won't need to go to court.

Thanks again for the opportunity to assist you. Please let me know if you need clarification. I'll get back to you as quickly as I can, although I may not be online at the moment you respond. Otherwise, I hope you'll rate my answer positively as it is the ONLY way I receive credit for my work and doing so will NOT cost you any additional fee.

Best wishes,
Shuband

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