Elgin, IL asked in Divorce for Illinois

Q: IL Divorce- What forms needed to show judge we don’t want 401k from spouse or for them to pay our cc debt?

Spouse and I are in complete agreement on non-simplified divorce in IL. We want to each be responsible for debts only in our names and neither of us want half of the other’s 401k. We want to be able to settle our divorce without splitting the debt or taking half of retirement

.What additional forms should we draft/file in the state of IL to accomplish this?

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2 Lawyer Answers
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Sorry, but here are no such forms for your purposes. What you need is a Marital Settlement Agreement, and this has to be hand-crafted.

1 user found this answer helpful

Marilyn  Johnson
Marilyn Johnson

A: You need to prepare a Judgment for Dissolution of Marriage and attach a Marital Settlement Agreement. You can include provisions in the Marital Settlement Agreement as to terms that you and your spouse have agreed to. The court will review the terms of the agreement and approve it or request that changes be made to it in the event that it may be unconscionable to either party. However, if you and your spouse appear in court for the prove-up and testify that this your agreement, the court will generally approve it.

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