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Illinois Getting Started Financial affidavit (Family & Divorce Cases)

State:
Illinois
Control #:
IL-SKU-2532
Format:
PDF
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Description

Getting Started Financial affidavit (Family & Divorce Cases)

The Illinois Getting Started Financial affidavit (Family & Divorce Cases) is a form used in Illinois family and divorce cases. It is a document that parties must submit to the court to provide financial information about their income, assets, debts, and expenses. The form is used to help the court determine a fair and equitable division of property between the parties, and it also serves as the basis for spousal maintenance, child support, and other financial orders. There are two types of Illinois Getting Started Financial affidavits (Family & Divorce Cases): the Joint Financial Affidavit and the Separate Financial Affidavit. The Joint Financial Affidavit is used when both parties are filing the same financial information with the court. The Separate Financial Affidavit is used when the parties are filing separate financial information with the court. Both forms require detailed information about the parties' income, assets, debts, and expenses.

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FAQ

13.3. 1 Mandatory Disclosure. When further relief is sought from the court and a material change of circumstances has occurred, an updated completed ?Financial Affidavit? must be served on the other party no less than seven (7) days prior to any hearing.

When you are getting a divorce in Illinois, the courts require that each spouse submit a full financial disclosure in order to ensure the final divorce settlement is fair for both sides. One of the most critical documents that both parties must submit is a financial affidavit.

It is a document used by the judge to assess your income, expenses, assets, and debts. The information you provide in the affidavit must be true.

During the uncontested divorce hearing, the lawyer(s) or the judge will ask the parties a series of questions. The questions are designed to help the judge establish that the court has jurisdiction, that there is a cause of action, and that there is a voluntary agreement between the parties.

To start the uncontested divorce process, you or the other party files the necessary paperwork with your county's clerk of courts. Whoever files has to serve the other party or that other party must sign an Entry of Appearance. After the initial filing and response, the court schedules your hearing.

For an uncontested divorce to be finalized, the spouse who petitioned for divorce by filing with the county court must appear at the final hearing. The other spouse is not required to attend, as long as he or she has signed all the necessary documents regarding the marital settlement agreement.

For example, in Illinois, the rules generally require an ?affidavit? be notarized, though there are specific types of affidavits to which the requirement does not apply, such as affidavits being filed in support of a motion for summary judgment or a motion for involuntary dismissal.

Illinois Legal Aid Online has an online program to help you prepare a fee waiver. If the court grants your request to waive fees, you will not have to pay any court costs?such as filing fees or fees for issuance of service of process?during your divorce.

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Illinois Getting Started Financial affidavit (Family & Divorce Cases)