A Dissolution of Marriage (commonly referred to as a Divorce) is a serious legal step which should not be taken without considerable thought. It is in the best interest of the parties to consult attorneys regarding the dissolution of their marriage. You should not rely exclusively on this information. This information is intended only as a guide for self representation. If you are considering such a proceeding, you should note the following:
General Information Concerning Dissolution of Marriages
In order to file a Dissolution of Marriage in Kendall County either you or your spouse, or both must be a resident of Kendall County. The filing fee for a Dissolution of Marriage is $316.00, a 30 day summons needs to be issued on the respondent and returned with service attached. The respondent is required to enter an appearance. The fee for the appearance is $191.00. You can find the New Case Information sheet and a summons either at the Kendall County Circuit Clerk’s office or on the clerks webpage under forms.
- Download the additional forms that are needed for a Dissolution of Marriage
- Definitions of Divorce and Parentage Terminology
The Judges of Kendall County are concerned for the welfare of children of divorce. Parenting Class is mandated in Kendall County for any parent in the process of a divorce or who is involved in divorce proceedings in which there are minor children involved. The class is designed to offer parents the opportunity to learn about and discuss the effects of divorce on minor children. Both parties must complete the Parenting Class before a judgment of dissolution will be entered in a divorce case. The four-hour class is offered at Joi Counseling, Staying Connected and Haven Counseling. You must get approval from the courts if you would like to take the class elsewhere.
- Classes are offered two to three times per month
- Classes meet at 654 W. Veterans Parkway, Suite B , Yorkville, Illinois 60560
- The fee for class is $75.00 per person and must be paid on or before the day of the class; all handouts are included in the price
- Call (630) 553-9686
- Information needed for registration:
- Your full name as it reads on your court documents, the date of the class you wish to attend, case/general number, attorney’s telephone and fax number.
- www.joicounseling.com (to check the schedule for upcoming class dates)
Staying Connected Counseling Center (Child First Divorced Parent Education Program)
- Classes are offered daily including Sundays.
- Classes meet at 507 Buckthorn Court, Yorkville, Illinois
- The fee for class is $50.00 per person and must be paid on or before the day of the class; all handouts are included in the price
- Call (630) 881-0170 or visit www.stayingconnectedcc.com
Haven Counseling (One Heart Two Homes)
- Classes are offered weekly (Spouses must attend different classes)
- Classes meet at 129 Commercial Dr, Yorkville, Illinois
- The fee for the class is $50.00 per person
- Call (331)452-8949 or visit www.havencounseling.org
Final Judgment Date
Before you obtain a date for the Entry of a Dissolution of Marriage, all fees must be paid, you must present to the Judicial Administrative office located in the courthouse all applicable documents, signed by the party(s). These are as follows:
- Certificate of Dissolution of Marriage/Civil Union
- Judgement for Dissolution
- Marital Settlement Agreement
- Joint Parenting Agreement
- Certificate of Completion of Parenting Class
- Supplemental Order for Child Support
- Order of Withholding
- (4-7 are only needed if minor children are involved)
In order to file a prove-up The Circuit Clerk’s Office Requires you to have these forms. The court administrator will determine if you have the necessary documents. If all required documents are completed and signed the court administrator will submit a Certificate of Readiness and Order to the Judge for signature. The Certificate of Readiness and order sets the court date for the Dissolution of Marriage. Do not leave the courthouse without a signed copy of this order. On the date of the Dissolution of Marriage, before the Judge will sign the Judgment a fee of $65.00 is required for the Court Reporter for their services.
Joint Simplified Dissolution of Marriage
- A Joint Simplified Dissolution of Marriage is a way in which you and your spouse can obtain a divorce. It is a simplified procedure that can be achieved either with the assistance of an attorney or on your own.
- Informational packets for filing a Joint Simplified Dissolution of Marriage with instructions & forms are available for download or at the Circuit Clerk’s office located in the Kendall County Courthouse at 807 W. John St. Yorkville, IL.
- A Joint Simplified Dissolution of Marriage is not available to everyone. You must carefully read the information provided to make sure you and your spouse qualify. Also, certain documents including an agreement on the division on property must be signed by both you and your spouse. Thus, there must be some basic cooperation between the parties. To use the Joint Simplified Dissolution of Marriage procedure, the following must apply to you and your spouse.
- Irreconcilable differences have caused the irretrievable breakdown of your marriage. All efforts at reconciliation of the differences have failed and future attempts at reconciliation would not be in the best interest of you and your spouse.
- You and your spouse must have lived separate and apart for at least six months and you must be willing to waive the requirement for a two year separation before obtaining a dissolution on the grounds of irreconcilable differences.
- You must have been married less than eight (8) years and either you or your spouse (or both) must have lived in the State of Illinois for at least ninety (90) days immediately prior to the filing for the dissolution.
- No children were born to or adopted by you and your spouse during your relationship and the wife is not now pregnant.
- Your joint, annual, gross income from all sources must be less than $35,000.00 (Thirty-Five Thousand Dollars). The total value of marital property you and your spouse own, less any encumbrances (amount owned) on the property (such as the amount owned on a car loan), must be less than $10,000.00 (Ten-Thousand Dollars).
- Neither you nor your spouse may own any real estate.
- You and your spouse must be willing to permanently give up any right to maintenance (alimony).
- You and your spouse must have disclosed to each other all assets each of you have, and disclosed all tax returns filed during your marriage.
- You and your spouse must sign a written agreement dividing between yourselves all material assets worth more than $100.00 (One Hundred Dollars) and dividing responsibility for all debts and liabilities. You must divide the property and sign and exchange all documents (such as automobile titles, etc.) necessary to carry out the agreement before any court hearing.
- You and your spouse must waive any right you may have to a bifurcated hearing on your dissolution petition (a hearing in two parts, one to decide the issues related to the granting of the dissolution and another to decide any property or other issues).