Can I Use a Joint Simplified Dissolution of Marriage for My Divorce?

 Posted on April 22, 2022 in Family Law

Going through a divorce can be a stressful and emotional time. In addition to the lasting impact on your family life, there can be many practical decisions about finances, property, and other assets that have to be made. However, if you have very few assets and meet other qualifying factors, you may be eligible for a Joint Simplified Dissolution of Marriage under Illinois Law. This is a quicker and less costly process, but it comes with strict requirements and neither party may seek any spousal maintenance during the process or after the divorce is finalized. An experienced divorce attorney can help determine if this approach fits your situation.

Qualifications for a Joint Simplified Dissolution of Marriage

The strict qualifications for following this process are spelled out in Illinois law:

• Both spouses must be residents of the state of Illinois.
• Your marriage must not have lasted more than eight years.
• You and your spouse did not have any children during the marriage, did not adopt any children together, and no child is expected.
• The divorce is not contested by either party and you have met the requirements for a no-fault divorce, based on irreconcilable differences
• Your joint, gross income must be no greater than $60,000 annually, with neither spouse making more than $30,000 in annual gross income.
• Neither spouse may own any real estate.
• The total gross value of all of your joint marital assets, including bank accounts, cars, and other assets must be no greater than $50,000.
• The couple must have a written agreement on how they are going to divide the assets that they do have and the responsibility for their debt and liabilities.

Given the narrow requirements that must be met and the restrictions on the outcome of the process, few divorcing couples are eligible or choose to pursue this route. However, it can be helpful for those who do qualify and provide a quick solution to ending their marriage.

Contact a Naperville Divorce Lawyer

If you are considering a divorce, contact the DuPage County Family Law Attorneys of Mevorah & Giglio Law Offices. We can help you determine if you qualify for a Joint Simplified Dissolution of Marriage, if an alternative resolution process will work in your case, or if you should pursue a more traditional divorce process. Call us today for your free consultation at 630-932-9100.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K452.htm