Understanding Joint Simplified Divorce in Illinois

 Posted on October 30, 2017 in Divorce

Divorce is never easy. However, if you and your soon-to-be ex-spouse agree on the major issues, you may be eligible for an expedited form of divorce called dissolution of marriage, otherwise referred to as a joint simplified divorce. This option can help condense the process of divorce down from years long to mere months, in most cases.

Eligibility Requirements

Relatively few couples meet all of the requirements for a joint simplified dissolution of marriage, but if you qualify, your divorce may be concluded not in months or years, but in just a few weeks. According to the Illinois Marriage and Dissolution of Marriage, you are eligible if:

• Both spouses agree that their marriage has ended due to irreconcilable differences (not due to any other ground);
• You have neither children nor any interest in real property (such as owning your own home);
• You have not filed any kind of action for divorce in another state;
• Neither spouse makes a higher gross income than $30,000 per year (or $60,000 in gross income per year between you);
• You have not been married for more than eight years;
• You have less than $50,000 in joint marital property;
• You both agree to waive any rights to maintenance from each other; and
• You and/or your spouse have been an Illinois resident for at least 90 days before beginning proceedings.

The Process

Assuming that you and your spouse meet the requirements for a joint simplified dissolution, the process of obtaining a divorce is straightforward. You must obtain the appropriate forms from your county courthouse—or online, if your county makes them available that way—and return the completed paperwork with the necessary documentation attached. You and your spouse will need to make a full disclosure of all of your assets and liabilities. A written agreement that allocates all assets worth $100 or more is also required. If all the papers are in order, you and your spouse will need to attend a final hearing before a judge—generally, a very short proceeding. Barring unforeseen circumstances, the judge will then sign your order for divorce, making it final.

Seek Experienced Legal Help

If you need help figuring out whether or not you are able to apply for a joint simplified dissolution, or if you and your spouse have any other questions about your impending divorce, it is best to consult an experienced Wheaton divorce lawyer. Contact the Andrew Cores Family Law Group to discuss your available options. Call 630-871-1002 for a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV-A&ActID=2086&ChapterID=59&SeqStart=5300000&SeqEnd=6100000

http://www.cookcountyclerkofcourt.org/?section=SERVRESPage&SERVRESPage=7065