When you start a divorce in Illinois you are typically given a “divorce packet” which is a collection of forms which must be filled out and filed with the court to officially begin the divorce process.
In addition to the Petition For Dissolution Of Marriage, which lays out the grounds for divorce and requests for relief, every county in Illinois will also require you to fill out a “Certificate Of Dissolution Of Marriage” pursuant to the Illinois Statute.
“Pre-Judgment Cases – All pre-judgment Domestic Relations cases shall be commenced by filing with the Clerk of the Circuit Court of Cook County a praecipe, petition or other pleading conforming to Illinois statutes and court rules, accompanied by the following:
(a) A Domestic Relations Cover Sheet;
(b) A Certificate of Dissolution or Invalidity of Marriage as required by 750 ILCS 5/707 in cases involving dissolution or invalidity of marriage; and
(c) The applicable filing fee as published by the Clerk of the Circuit Court.” Cook County Court Rule 13.1(a)(i)
Every petitioner in an Illinois divorce is supposed to fill out and file a Certificate Of Dissolution Of Marriage with their county’s circuit clerk of court.
“A certificate of each dissolution of marriage or declaration of invalidity of marriage ordered in this State shall be filed with the Illinois Department of Public Health on a form furnished by such Department. The form shall contain the social security numbers of the parties whose marriage has been dissolved or declared invalid. This form shall be prepared by the person filing the petition for dissolution of marriage or declaration of invalidity of marriage and shall be presented to the judge of the court for his inspection prior to the entry of the final order.” 750 ILCS 5/707
An Illinois Certificate Of Dissolution Of Marriage looks like this.
The bottom of the Certificate Of Dissolution Of Marriage is for the circuit clerk of court of your county to certify when the divorce actually happened.
“Immediately after the judgment is granted, the clerk of the court shall complete the remaining entries on the certificate.” 750 ILCS 5/707
The clerk then mails the completed Certificate For Dissolution Of Marriage to the Illinois Department Of Public Health.
“Within 45 days after the close of the month in which the judgment is rendered, the clerk shall forward the certificate to the Illinois Department of Public Health.” 750 ILCS 5/707
What happens if you or the clerk fail to fill out the Certificate Of Dissolution Of Marriage during or after your Illinois divorce? Nothing.
“Failure to comply with this Act shall not invalidate any judgment of dissolution of marriage or declaration of invalidity of marriage.” 750 ILCS 5/707
Why exactly does the Illinois Department of Public Health need the information on the thousands of Certificates Of Dissolution Of Marriage? The Department of Public Health uses all of the filed Certificates of Dissolution of Marriage to compile statistics about who is getting divorced in Illinois.
“The Department of Public Health has charge of the registration of marriages, dissolutions of marriages and declarations of invalidity of marriages in the State. The Department has the authority and duty to…[m]ake and publish a statistical report of the marriages, dissolutions of marriages and declarations of invalidity of marriages in the State at least annually.” 410 ILCS 530/1
The Department of Public Health only has this form…and they keep it forever.
“The Department shall cause its records of marriage, dissolution of marriage and declaration of invalidity of marriage to be permanently preserved and safeguarded in its offices at Springfield.” 410 ILCS 530/2
The department of public health keeps nothing nothing else regarding your divorce or anyone else’s divorce in Illinois. All of your divorce documents will be kept by the local clerk of the circuit court where your Illinois divorce was obtained. These divorce court records and details are public.
“All records, dockets and books required by law to be kept by such clerks shall be deemed public records, and shall at all times be open to inspection without fee or reward, and all persons shall have free access for inspection and examination to such records, docket and books, and also to all papers on file in different clerks’ offices and shall have the right to take memoranda and abstracts thereof.” 750 ILCS 105/16(6)
The Certificate Of Dissolution Of Marriage is probably the simplest form to fill out in an Illinois divorce. If you’re struggling with this form…you’re going to need more help. Contact my Chicago, Illinois family law firm today to speak with an experienced Chicago divorce attorney.
