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Joint Affidavit Regarding Separation Of The Parties DV-AFF1 - Illinois
| Joint Affidavit Regarding Separation Of The Parties Form. This is a Illinois form and can be used in Family Law McHenry Local County . |
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IN THE CIRCUIT COURT OF THE TWENTY-SECOND JUDICIAL CIRCUIT McHENRY COUNTY, ILLINOIS IN RE THE MARRIAGE OF: _________________________________________ (Type or Print Plaintiff's Name) Plaintiff vs. ______________________________________ (Type or Print Defendant's Name) Case Number__________________________________ Defendant JOINT AFFIDAVIT REGARDING SEPARATION OF THE PARTIES, DIVISION OF PROPERTY AND WAIVER OF BIFURCATED HEARING NOW COME _____________________________, Plaintiff, and ____________________________________, (Type or Print Plaintiff's Name) (Type or Print Defendant's Name) Defendant, and being first sworn on their oaths, depose and state as follows: 1. That irreconcilable differences have caused the irretrievable breakdown of their marriage. 2. That all efforts at reconciliation of the differences between the parties have heretofore failed and future attempts at reconciliation would be impracticable and not in the best interest of the parties. 3. That the parties have lived separate and apart for a continuous period of more than six (6) months prior to the date of this affidavit, having separated on or about _______________ _______, 20____and having remained living separate for all times thereafter. (Month) (Day) (Year) 4. a. That each of the parties expressly waives the requirement that the continuous period of living separate and apart in excess of two (2) years in order for the Court to enter a Dissolution of Marriage based upon irreconcilable differences which have caused the irretrievable breakdown of their marriage; and, b. Each of the parties further stipulates that the requirement shall be reduced to a period only in excess of six (6) months rather than in excess of two (2) years as provided by Section 401(a) (2) of the Illinois Marriage and Dissolution of Marriage Act. 5. That the marital property belonging to the parties has been divided according to the terms of the written agreement of the parties filed with the Petition for Dissolution of Marriage in this cause, and that the parties have executed all documents required to carry out the agreement. 6. That the parties waive any right either may have to a bifurcated hearing in this cause. 7. That each of the parties represents that their signing of this Affidavit is their individual, sole, voluntary act. ___________________________________ ___________________________________________ Plaintiff (Plaintiff's Signature) DV-AFF1: Revised 12/01/06 Page 1 of 2 Defendant (Defendant's Signature) American LegalNet, Inc. www.FormsWorkflow.com VERIFICATION STATE OF ILLINOIS ) ) COUNTY OF McHENRY ) ss I, ________________________________________________________, being first duly sworn upon oath, (Type or Print Plaintiff's Name) depose and say that I have read the foregoing Joint Affidavit, understand the contents thereof, and believe the same to be true and correct to the best of my knowledge and belief. _________________________________________________________ Plaintiff (Plaintiff's Signature) Subscribed and sworn to before me, a Notary Public, this ___________day of _____________________________________, 20____. _________________________________________________________ NOTARY PUBLIC ) ) COUNTY OF McHENRY ) STATE OF ILLINOIS ss I, ________________________________________________________, being first duly sworn upon oath, (Type or Print Defendant's Name) depose and say that I have read the foregoing Joint Affidavit, understand the contents thereof, and believe the same to be true and correct to the best of my knowledge and belief. _________________________________________________________ Defendant (Defendant's Signature) Subscribed and sworn to before me, a Notary Public, this ___________day of _____________________________________, 20____. _________________________________________________________ NOTARY PUBLIC DV-AFF1: Revised 12/01/06 Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com
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