- 1). Negotiate with your spouse until you reach an agreement on all matters at issue in your divorce case. Illinois law requires that your settlement agreement address all issues in your divorce case if at all possible. Although a trial is available for any issues not resolved, the judge's preference is for a full settlement.
- 2). Obtain a standard form settlement agreement to utilize directly or as a guide in preparing your own settlement document. The court clerk where your divorce pends maintains a selection of documents needed to pursue and conclude a case, including a settlement agreement.
- 3). Insert into the settlement agreement document all the agreements reached with your spouse. Primary elements include division of assets and debts (including the house), child-related issues (custody, support and parenting time or visitation), alimony or spousal maintenance and all other issues. Provided there is nothing left in dispute, the settlement agreement brings you near the conclusion of your case.
- 4). Prepare three original copies of the divorce settlement agreement.
- 5). Sign the settlement agreement. Both you and your spouse execute the document. Keep an original agreement for yourself, one for your spouse and the last to file with the clerk of the court or provide to the judge.
- 6). Request a final hearing with the judge after filing the settlement agreement with the court clerk in your case. In some cases, the judge requests that you bring the settlement agreement to the final hearing. The court clerk will advise on the preference. If any issues are in dispute, advise the court clerk or the judge's administrative assistant. The judge will schedule a trial rather than a summary hearing to dispose of any remaining issues.
- 7). Appear at the scheduled court hearing or trial. The judge reviews the settlement agreement and, unless in violation of Illinois law, approves the contract. She also resolves any outstanding issues. The judge issues a divorce decree that under Illinois law incorporates the settlement agreement, making that contract an actual part of the court's order.
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