Are My Spouse and I Eligible to File for a Simplified Divorce?

 Posted on January 28, 2021 in Divorce

Much like our views about many other things in society, our opinions of the divorce process can look different to everyone depending on the circumstances surrounding your case. There are many ways you could go about getting a divorce in Illinois -- the traditional litigated way, in which you may end up in front of a judge in a courtroom and through the collaborative method, which requires cooperation between spouses, among others. In particularly contentious divorces that are relatively “simple” in nature, the spouses may decide to agree on the divorce settlement because they just want the process to be over. For some couples, Illinois’ joint simplified dissolution procedure could be the answer to a quick, relatively simple, and low-stress solution.

Understanding Illinois’ Joint Simplified Dissolution

If you are asking the judge to grant you and your spouse a joint simplified dissolution of marriage, you are basically asking for an uncontested divorce. In an uncontested divorce, both spouses must agree on all major issues in the divorce, including property division, spousal maintenance, and determining who is responsible for which debts, among others. However, when it comes to a joint simplified dissolution specifically, there are certain requirements you must meet before you can file.

Do We Qualify to File for a Joint Simplified Dissolution?

The joint simplified dissolution procedure is a useful and practical type of divorce for couples who have not been married long, do not have children, and who do not have extensive financial assets. To be eligible to file a joint simplified dissolution, each of the following must be true:

• Neither spouse is financially dependent on the other spouse.

• Both parties are willing to waive the right to spousal support.

• At least one spouse has been a resident of Illinois for at least six months prior to the divorce filing.

• No children were born of the marriage, the couple did not adopt any children, and the wife is not pregnant at the time of divorce.

• The couple has been married for less than 8 years.

• Neither spouse has retirement benefits unless they are held in separate accounts and worth less than $10,000.

• The combined value of all marital property is less than $50,000.

• Neither spouse makes more than $30,000 annually and the combined gross annual income from all sources is less than $60,000.

• Both parties have given full financial disclosure.

• Both parties have signed a written agreement that allocates their assets and debts.

Speak To Our Naperville Uncontested Divorce Attorney Today

Not everyone will be able to use the joint simplified dissolution procedure to complete their Illinois divorce. For example, having children is one of the biggest disqualifications from the joint simplified dissolution procedure. At the Law Office of Ronald L. Hendrix, P.C., we can review your divorce agreement to make sure all of your rights are being protected before you sign on the dotted line. To arrange a free consultation with our knowledgeable DuPage County uncontested divorce lawyers, call our office today at 630-355-7776.

Source:

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