There are five forms which must be fully completed by both parties before the judge will grant a joint simplified dissolution of marriage. The total filing fee is $491.00
, cash or money order accepted ($303.00 to file the “Petition” +$188.00 to file the “Appearance”
). No personal or business checks are accepted. Forms:
- Joint Petition for Simplified Dissolution of Marriage (Form 49A 1-3)
- Simplified Procedure Joint Affidavit Regarding Separation of the Parties, Division of Property and Waiver of Bifurcated Hearing (Form 49B 1 & 2)
- Simplified Procedure Judgment for Dissolution of Marriage (Form 49C)
- Simplified Procedure Agreement as to Assets and Debts (Form 49D 1 & 2)
- Appearance (Form 17 B)
On all five forms, you should either type or neatly print all of the necessary information in ink. Fill out all five forms completely. Your Circuit Clerk will stamp the Case Number on the Petition, Affidavit, Judgment, Agreement and Appearance at the time of filing. Even though this is a “joint” petition, one of the parties must be designated as a “Plaintiff” (the party seeking the dissolution is the plaintiff), and the other must be designated as a “Defendant”.
The “Joint Petition for Simplified Dissolution of Marriage” and the “Affidavit Regarding Separation of the Parties, Division of Property, Waiver of Bifurcated Hearing” and “Simplified Procedure Agreement as to Assets and Debts” must be signed in front of a Notary Public and notarized before you present them to the Circuit Clerk at the time you are opening your case.
The “Judgment of Dissolution of Marriage” should be completed and signed by both parties before your court appearance date (sign on the designated lines that appear below the words “Approved as to Form and Content”).
The Judge will sign and date the judgment if the dissolution is granted.
If the wife wishes to return to her maiden or former name, she should complete line numbers 11 and C on page 2 of the Petition and line number D of the Judgment. On your court appearance date, the Circuit Clerk in the courtroom will need you to complete and present to the Court the Certificate of Dissolution of Marriage triplicate form which is a state requirement for vital statistics.