What is Illinois’ Joint Simplified Dissolution of Marriage?

 Posted on May 13, 2019 in Divorce

Making the decision to get a divorce is rarely easy. Marriages do not just break down overnight. They typically deteriorate over years or even decades. By the time you are at the point of wanting to end your marriage, you want the divorce process to go as quickly as possible. Fortunately, the state of Illinois has created a streamlined way of getting a divorce, though only some couples qualify. This type of divorce process is called a joint simplified dissolution and it can be greatly beneficial for couples who utilize it.

Qualifying Criteria

Before you file for a joint simplified dissolution, you must make sure you meet the criteria set forth in section 452 of Part IV-A of the Illinois Marriage and Dissolution of Marriage Act. You must prove that all of the following conditions exist before you can file for a joint simplified dissolution:

• Neither spouse is financially dependent on the other and/or each spouse is willing to waive their right to spousal support;
• One or both spouses has been a resident of Illinois for at least 90 days prior to the petition for divorce;
• You can illustrate that irreconcilable differences caused the breakdown of the marriage and attempts to reconcile have failed;
• The couple did not have children, adopt a child, and/or the wife is not pregnant by the husband;
• The couple was not married for more than eight years;
• Neither spouse has any interest in real property or retirement benefits;
• All marital property is valued at less than $50,000;
• The couple’s combined annual income is less than $60,000 and neither spouse has an annual income of more than $30,000;
• Each spouse has disclosed his or her tax returns from all years of the marriage, in addition to all assets and liabilities;
• The couple has a written agreement allocating any and all assets valued at more than $100, in addition to responsibility for debts and liabilities; and
• The couple has a written agreement allocating ownership and responsibility for any companion animals shared by the couple.

If you meet these criteria, you can file for a joint simplified dissolution in Illinois.

Contact a Will County Divorce Lawyer

There are many aspects to divorce and they can be overwhelming. Couples who qualify to get a divorce using the joint simplified dissolution procedure can enjoy an easier, lower-stress process that is often completed in much less time than a traditional divorce. Wakenight & Associates, P.C. can help determine whether you are eligible to file using the joint simplified dissolution procedure. Get in touch with our skilled Orland Park divorce attorneys today by calling 815-727-6144 to schedule 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