1. 5/16/20151 Pro Se Divorce Or how to get a divorce by representing yourself

2. 5/16/20152 Introduction A divorce is a legal process that ends a marriage and deals with children, property, debts and other issues. A divorce is a legal process that ends a marriage and deals with children, property, debts and other issues. You will learn how to represent yourself in a court and get a divorce without using a lawyer. You will learn how to represent yourself in a court and get a divorce without using a lawyer. Because this is a class, any information you decide to reveal about yourself or your case will not be confidential. Because this is a class, any information you decide to reveal about yourself or your case will not be confidential.

3. 5/16/20153 Agenda We will cover We will cover The different legal issues involved in a divorce The different legal issues involved in a divorce How to prepare the paperwork How to prepare the paperwork How to file the paperwork How to file the paperwork How to notify your spouse How to notify your spouse What you have to do in Court What you have to do in Court

4. 5/16/20154 Overview Pro Se means you are representing yourself Pro Se means you are representing yourself For a simple divorce only For a simple divorce only You must be able to follow instructions and do things in the correct order You must be able to follow instructions and do things in the correct order Take notes and ask questions Take notes and ask questions Make copies of the forms before you write on them Make copies of the forms before you write on them

5. 5/16/20155 Vocabulary Words you will need to know Words you will need to know Grounds Grounds Grounds Jurisdiction Jurisdiction Jurisdiction Venue Venue Venue Child Custody Child Custody Child Custody Child Custody Child Support Child Support Child Support Child Support Marital and Non-Marital Property Marital and Non-Marital Property Marital and Non-Marital Property Marital and Non-Marital Property Marital and Non-Marital Debt Marital and Non-Marital Debt Marital and Non-Marital Debt Marital and Non-Marital Debt Maintenance Maintenance People you will work with People you will work with Judge Judge Judge Circuit Clerk Circuit Clerk Circuit Clerk Circuit Clerk Sheriff Sheriff Sheriff

6. 5/16/20156 Preparing the Paperwork Application to Sue or Defend as a Poor Person Application to Sue or Defend as a Poor Person Application to Sue or Defend as a Poor Person Application to Sue or Defend as a Poor Person Petition for Dissolution of Marriage Petition for Dissolution of Marriage Petition for Dissolution of Marriage Petition for Dissolution of Marriage Notice Notice Personal Personal Personal Entry of Appearance Entry of Appearance Entry of Appearance Entry of Appearance Publication Publication Publication Judgment of Dissolution Judgment of Dissolution Judgment of Dissolution Judgment of Dissolution Uniform Order for Support Uniform Order for Support Uniform Order for Support Uniform Order for Support Child Support Information Sheet Child Support Information Sheet Child Support Information Sheet Child Support Information Sheet Notice of Withholding Notice of Withholding Notice of Withholding Notice of Withholding Proof of Mailing Proof of Mailing Proof of Mailing Proof of Mailing

7. 5/16/20157 Filing the Paperwork Copies Copies -one for you -one for your spouse -one for the court file File with Circuit Clerk File with Circuit Clerk Circuit Clerk assigns number and file-stamps Circuit Clerk assigns number and file-stamps Costs Costs -must be paid or waived -waiver includes cost of service in Illinois -separate waiver for publication notice

8. 5/16/20158 Going to Court All other steps must be done first All other steps must be done first Scheduling the hearing Scheduling the hearing Personal Service Personal Service Personal Service Personal Service Entry of Appearance Entry of Appearance Entry of Appearance Entry of Appearance Publication Notice Publication Notice Publication Notice Publication Notice Type of Hearing Type of Hearing Type of Hearing Type of Hearing Notice of Hearing Notice of Hearing Notice of Hearing Notice of Hearing Preparing for the Hearing: Testimony Preparing for the Hearing: Testimony Preparing for the Hearing: Testimony Preparing for the Hearing: Testimony Attending the Hearing Attending the Hearing Attending the Hearing Attending the Hearing

9. 5/16/20159 After the Hearing File your documents with the Circuit Clerk File your documents with the Circuit Clerk Send a copy of the documents to your ex- spouse Send a copy of the documents to your ex- spouse File Notice of Mailing with the Circuit Clerk File Notice of Mailing with the Circuit Clerk Support Withholding Support Withholding Serve employer Serve employer Notify State Disbursement Unit Notify State Disbursement Unit Notify Division of Child Support Enforcement Notify Division of Child Support Enforcement

10. 5/16/201510 Summary Learned how to represent yourself Pro Se in an easy divorce case. Learned how to represent yourself Pro Se in an easy divorce case. Learned about importance of Notice Learned about importance of Notice Learned about importance of making the effort to do a good job Learned about importance of making the effort to do a good job Questions Questions

11. 5/16/201511 Grounds Mental Cruelty Mental Cruelty Mental Cruelty Mental Cruelty Physical Cruelty Physical Cruelty Physical Cruelty Physical Cruelty Irreconcilable Differences Irreconcilable Differences Irreconcilable Differences Irreconcilable Differences Back to Vocabulary

12. 5/16/201512 Mental Cruelty Mental Cruelty Behavior on the part of your spouse that intended to make you feel bad and which happened on 2 or more occasions. Behavior on the part of your spouse that intended to make you feel bad and which happened on 2 or more occasions. It makes you feel bad. It makes you feel bad. You did not do anything to cause or provoke the behavior. You did not do anything to cause or provoke the behavior. Back to Grounds

13. 5/16/201513 Physical Cruelty Physical Cruelty Behavior on the part of your spouse that is intended to hurt you and which happened on two or more occasions. Behavior on the part of your spouse that is intended to hurt you and which happened on two or more occasions. It does hurt you. It does hurt you. You did not do anything to cause or provoke the behavior. You did not do anything to cause or provoke the behavior. Back to Grounds

14. 5/16/201514 Irreconcilable Differences Irreconcilable Differences You have been separated from your spouse for at least two years. You have been separated from your spouse for at least two years. You have been separated from your spouse for at least six months and both you and your spouse have signed a stipulation to waive the two-year separation requirement. You have been separated from your spouse for at least six months and both you and your spouse have signed a stipulation to waive the two-year separation requirement. Prior to separating, you and your spouse had differences and difficulties that caused you to separate. Prior to separating, you and your spouse had differences and difficulties that caused you to separate. You attempted to reconcile those differences and difficulties and save the marriage. You attempted to reconcile those differences and difficulties and save the marriage. These attempts at reconciliation failed. These attempts at reconciliation failed. There is no hope of saving the marriage now. There is no hope of saving the marriage now. Back to Vocabulary

15. 5/16/201515 Jurisdiction Jurisdiction is the power of the court to act and enter orders affecting people and property. Jurisdiction is the power of the court to act and enter orders affecting people and property. The court needs jurisdiction over: The court needs jurisdiction over: You You Your spouse Your spouse The marriage The marriage Children Children Property Property Debts Debts Back to Vocabulary

16. 5/16/201516 Venue Venue is where you file your case. Where you live Where you live Where your spouse lives Where your spouse lives Back to Vocabulary

17. 5/16/201517 Child Custody The court is required to do what is in the best interest of the children. The court can take into account any relevant evidence, including: The wishes of both parents The wishes of both parents The relationship with family and friends The relationship with family and friends Adjustment to home, school, and community Adjustment to home, school, and community Mental and physical health of all people involved Mental and physical health of all people involved Physical violence or threat of physical violence by the child’s potential custodian Physical violence or threat of physical violence by the child’s potential custodian Willingness and ability of each parent to encourage a close and continuing relationship between the other parent and the child Willingness and ability of each parent to encourage a close and continuing relationship between the other parent and the child Back to Vocabulary

18. 5/16/201518 Child Support Normally paid by non-custodial parent. Normally paid by non-custodial parent. Set as a percentage of net income. Set as a percentage of net income. One child: 20% One child: 20% Two children: 28% Two children: 28% Three children: 32% Three children: 32% Four children: 40% Four children: 40% Five children: 45% Five children: 45% Net income is the total of all income minus: Net income is the total of all income minus: Federal income tax Federal income tax State income tax State income tax Social Security Tax Social Security Tax Mandatory retirement contributions Mandatory retirement contributions Union dues Union dues Dependent and individual health and hospitalization insurance premiums Dependent and individual health and hospitalization insurance premiums Prior obligations for support or maintenance actually paid Prior obligations for support or maintenance actually paid Repayment of debts for necessary expenses for the production of income Repayment of debts for necessary expenses for the production of income Back to Vocabulary

19. 5/16/201519 Marital and Non-Marital Property Marital Property Marital Property Real and personal property acquired after the date of marriage. Real and personal property acquired after the date of marriage. Does not matter who paid for it. Does not matter who paid for it. Does not include personal gifts or inheritance. Does not include personal gifts or inheritance. Non-Marital Property Non-Marital Property Real and personal property acquired prior to the marriage. Real and personal property acquired prior to the marriage. Matters who paid for it. Matters who paid for it. Includes property acquired after the marriage by gift or inheritance. Includes property acquired after the marriage by gift or inheritance. Property can change from one type to another by the way you treat it. Property can change from one type to another by the way you treat it. Why is this important? Why is this important? Why is this important? Why is this important? Judge has authority to divide marital property. Judge has authority to divide marital property. Judge does not have authority to divide non-marital property. Judge does not have authority to divide non-marital property. Back to Vocabulary

20. 5/16/201520 Marital and Non-Marital Debt Marital Debt Marital Debt Debts incurred after the date of the marriage. Debts incurred after the date of the marriage. Doesn’t matter who incurred the debt. Doesn’t matter who incurred the debt. Non-Marital Debt Non-Marital Debt Debt incurred prior to the marriage. Debt incurred prior to the marriage. Matter who incurred the debt. Matter who incurred the debt. Non-Marital debt can be changed into marital debt. Non-Marital debt can be changed into marital debt. Why does this matter? Why does this matter? Why does this matter? Why does this matter? Judge can divide marital debt. Judge can divide marital debt. Judge cannot divide non-marital debt. Judge cannot divide non-marital debt. A divorce is not a bankruptcy. A divorce is not a bankruptcy. Divorce only assigns responsibility as between you and your spouse. Divorce only assigns responsibility as between you and your spouse. It does not change the rights of the creditor. It does not change the rights of the creditor. Your remedy is to go back to divorce court if your spouse does not pay a debt assigned to him or her. Your remedy is to go back to divorce court if your spouse does not pay a debt assigned to him or her. Back to Vocabulary

21. 5/16/201521 Judge Located at the county courthouse Located at the county courthouse Makes finding of facts and issues orders Makes finding of facts and issues orders Does not give legal advice Does not give legal advice Back to Vocabulary

22. 5/16/201522 Circuit Clerk Office located at the county courthouse Office located at the county courthouse Maintains court files among other duties Maintains court files among other duties Collects fees for filing court cases Collects fees for filing court cases Back to Vocabulary

23. 5/16/201523 Sheriff Located at the county sheriff’s department Located at the county sheriff’s department Serves legal notices Serves legal notices Back to Vocabulary

24. 5/16/201524 Notifying your Spouse Personal Service Personal Service Get summons issued by circuit clerk Get summons issued by circuit clerk Get summons and copy of petition to Sheriff Get summons and copy of petition to Sheriff Give Sheriff money or fee waiver Give Sheriff money or fee waiver Make sure Return of Service is filed with circuit clerk and was served by deadline Make sure Return of Service is filed with circuit clerk and was served by deadline

25. 5/16/201525 Notifying your Spouse Entry of Appearance Entry of Appearance Substitute for personal service Substitute for personal service Get signed by spouse and notarized Get signed by spouse and notarized File it with the Circuit Clerk File it with the Circuit Clerk Pay filing cost or have spouse get fee waiver Pay filing cost or have spouse get fee waiver

26. 5/16/201526 Notifying your Spouse Publication Notice Publication Notice File motion and affidavit to waive costs if necessary File motion and affidavit to waive costs if necessary Notice must give date for response Notice must give date for response Make sure date for response is at least 30 days after date of first publication Make sure date for response is at least 30 days after date of first publication Give newspaper instructions in person or by letter Give newspaper instructions in person or by letter Mailing a copy of the notice to your spouse Mailing a copy of the notice to your spouse Get Certificate of Publication from the newspaper Get Certificate of Publication from the newspaper File Certificate of Publication with the circuit clerk File Certificate of Publication with the circuit clerk

27. 5/16/201527 Petition for Dissolution of Marriage Petition for Dissolution of Marriage Begins your case and tells the story Begins your case and tells the story Must be prepared carefully because it provides notice to your spouse of what you want Must be prepared carefully because it provides notice to your spouse of what you want Must be truthful Must be truthful Preparing the paperwork

28. 5/16/201528 Judgment of Dissolution of Marriage Judgment of Dissolution of Marriage This is the court order This is the court order Both you and your spouse are required follow what it says Both you and your spouse are required follow what it says Prepare carefully Prepare carefully Things to remember: Things to remember: Who has custody Who has custody General versus specific visitation General versus specific visitation Specific descriptions of property avoids disputes Specific descriptions of property avoids disputes Describe vehicles using VIN numbers Describe vehicles using VIN numbers Former name Former name Preparing the paperwork

29. 5/16/201529 Personal Service Personal Service Must be served by Sheriff Must be served by Sheriff Good for thirty days after being issued by circuit clerk Good for thirty days after being issued by circuit clerk Return of service must be in the court file Return of service must be in the court file Preparing the paperwork

30. 5/16/201530 Entry of Appearance Entry of Appearance Must be signed by your spouse Must be signed by your spouse Must be notarized Must be notarized Must be filed with the court Must be filed with the court Special form if your spouse is in the military Special form if your spouse is in the military Substitute for personal service, not an additional requirement Substitute for personal service, not an additional requirement Preparing the paperwork

31. 5/16/201531 Publication Notice Publication Notice Can only be used when you have made every effort to find and personally serve your spouse Can only be used when you have made every effort to find and personally serve your spouse Must be published in a newspaper Must be published in a newspaper In a paper that is published in the county in which you file In a paper that is published in the county in which you file Must appear once a week for three consecutive weeks Must appear once a week for three consecutive weeks Must include a date for response that is no less than thirty days from the date of first publication Must include a date for response that is no less than thirty days from the date of first publication A copy of the notice must be sent to the last known address within ten days of the date of first publication A copy of the notice must be sent to the last known address within ten days of the date of first publication Preparing the paperwork

32. 5/16/201532 Personal Service Must wait for thirty days after the date of service to see if a response is filed Must wait for thirty days after the date of service to see if a response is filed Find out the date of service and note date Find out the date of service and note date Call circuit clerk after thirty days have expired to see if spouse has appeared Call circuit clerk after thirty days have expired to see if spouse has appeared After expiration of thirty days, a hearing can be scheduled whether spouse has appeared or not After expiration of thirty days, a hearing can be scheduled whether spouse has appeared or not Going to court

33. 5/16/201533 Entry of Appearance Once entry of appearance is filed with the circuit clerk, notice has been completed Once entry of appearance is filed with the circuit clerk, notice has been completed No waiting period No waiting period Hearing can be scheduled at the time of filing entry of appearance Hearing can be scheduled at the time of filing entry of appearance Going to court

34. 5/16/201534 Publication Notice Wait until the date in your publication notice has passed Wait until the date in your publication notice has passed Check with the circuit clerk to find out if an appearance has been made by your spouse Check with the circuit clerk to find out if an appearance has been made by your spouse The hearing can be scheduled whether or not your spouse has made an appearance The hearing can be scheduled whether or not your spouse has made an appearance Going to court

35. 5/16/201535 Type of Hearing Default Default When your spouse has not filed a response When your spouse has not filed a response When your spouse has signed an Entry of Appearance When your spouse has signed an Entry of Appearance Notice may or may not be required Notice may or may not be required Bifurcated hearing Bifurcated hearing Requires one hearing on the grounds for the divorce and another hearing all other issues Requires one hearing on the grounds for the divorce and another hearing all other issues Required if your spouse files an appearance or a response Required if your spouse files an appearance or a response Notice is required Notice is required Going to court

36. 5/16/201536 Notice of Hearing Use the form provided Use the form provided File a copy of the notice with the circuit clerk with proof that you sent it to your spouse File a copy of the notice with the circuit clerk with proof that you sent it to your spouse Going to court

37. 5/16/201537 Preparing for the Hearing Prepare your testimony using your Judgment of Dissolution of Marriage as your guide Prepare your testimony using your Judgment of Dissolution of Marriage as your guide Write out your testimony Write out your testimony Practice your testimony Practice your testimony Attend other divorce hearings to see how it is done Attend other divorce hearings to see how it is done Going to court

38. 5/16/201538 Attending the Hearing Make sure you are on time Make sure you are on time Make sure you are in the right court room Make sure you are in the right court room Court room etiquette Court room etiquette Refer to the judge as “your honor” or “judge” Refer to the judge as “your honor” or “judge” Stand whenever the judge enters or leaves the room Stand whenever the judge enters or leaves the room Wait for your case to be called Wait for your case to be called Give the judge a copy of your proposed Judgment of Dissolution of Marriage before you testify Give the judge a copy of your proposed Judgment of Dissolution of Marriage before you testify Give your testimony Give your testimony Going to court

39. 5/16/201539 Marital and Non-Marital Property Wife’s Non-Marital Property Husband’s Non-Marital Property Marital Property Back

40. 5/16/201540 Marital and Non-Marital Debt Wife’s Non-Marital Debt Husband’s Non-Marital Debt Marital Debt Back