Joint Simplified Dissolution of Marriage

 Posted on June 18, 2015 in Divorce

Illinois, like many other states, offers different types of divorce option. State law has built-in divorce processes that encourage efficient divorces in an effort to promote the possibility of an amicable divorce.

The Illinois Marriage and Dissolution of Marriage Act allows for a process known as a joint simplified dissolution of marriage. It is an expedited form of divorce for those couples who have limited legal issues to contest or work out. In order to qualify for a joint simplified divorce, both you and your spouse must meet the following qualifications:

• Agree to the divorce;
• Complete and submit the paperwork together;
• Are able to attend court for the divorce hearing together;
• Have lived in Illinois for at least 90 days prior to filing the petition;
• Have been married for eight years or less;
• Have been separated and living apart for at least six months;
• Have no children (biological or adopted) together;
• Do not own real property together or any marital property is below a specified fair market value;
• Are not dependent on each other; and
• Are both willing to waive the right to spousal support and maintenance.

Also, both you and your spouse must agree that irreconcilable difference have caused the irretrievable breakdown of the marriage. Included in the petition, a written agreement must be submitted that divides all assets worth more than $100 and allocates responsibility for any debt or liabilities. The petition also requires you both disclose any other assets and tax returns filed during the years of the marriage.

A Faster Option

The courts prefer to handle this type of divorce as quickly and efficiently as possible. So, it is imperative that you have all the necessary documentation in place when you file your petition. In addition to the petition and its supporting forms, you will needed an affidavit and a signed judgment form for the judge to sign once his/her evaluation of your petition is complete. Once everything is submitted and the hearing has been completed, the judge will sign the Judgment of Dissolution of Marriage. This is a final decision that will permanently settle any financial or property rights arising out of your marriage.

The Importance of Seeking Help from an Attorney

Because ensuring adequate and complete paperwork is paramount to the success of a joint simplified dissolution of marriage, it is important you have an experienced divorce attorney review your petition for you and your spouse. This will allow you to have a quick and easy dissolution of your marriage – something many divorcing couples only dream of accomplishing. Please contact the experienced DuPage County divorce attorneys at our office today if you need legal assistance or with any questions you want answered.