What Is a Joint Simplified Divorce in Illinois

If you’re considering divorce in Illinois and looking for the fastest, most cost-effective option, a Joint Simplified Divorce might be right for you. This streamlined process works best for couples with uncomplicated situations who agree on all terms.

Understanding Joint Simplified Divorce

A Joint Simplified Divorce offers an “express lane” through the Illinois court system. You’ll deal with:

• Less paperwork
• Fewer court appearances
• Lower overall costs

Both spouses file together and must agree on all aspects of ending the marriage.

Pursuant to 750 ILCS 5/452, couples can file a joint petition if they meet specific requirements.

Key Requirements for Joint Simplified Divorce in Illinois

To qualify for a Joint Simplified Divorce in Illinois, you must meet ALL of these requirements:

1. 1. No Children: No children were born of the relationship or adopted during the marriage, and the wife is not pregnant by the husband.
   2. Marriage Duration: Your marriage cannot exceed 8 years.
   3. No Real Estate: Neither party has any interest in real property (houses, land, etc.).
   4. Limited Assets: The total fair market value of all marital property, after deducting all debts, is less than $50,000.
   5. Income Limits: Neither party has a gross annual income exceeding $30,000, and combined income is less than $60,000.
   6. Residency: At least one spouse has lived in Illinois, or met the military presence requirement, for at least 90 days before filing (Section 401 residency requirement of the act).
   7. Retirement Accounts: Any retirement accounts and benefits must be exclusively held in individual retirement accounts with combined value under $10,000.
   8. Maintenance Waiver: Both parties must waive any rights to spousal support (aka, maintenance or alimony).
   9. Full Disclosure: Both parties have disclosed all assets, liabilities, and tax returns for all years of marriage.
   10. Written Agreement: The parties have created a written agreement dividing all assets worth over $100 and allocating responsibility for all debts.
   11. Irreconcilable Differences: The requirements regarding proof of irreconcilable differences have been met.

Benefits of this Expedited Option

• Faster Process: Generally completes in less time than traditional divorces
• Lower Cost: Reduced court fees and potentially no attorney fees
• Less Stress: Minimal court appearances (often just one)
• Simplicity: Streamlined paperwork and procedures

How to File for a Joint Simplified Divorce

1. Verify Eligibility: Confirm you meet ALL requirements listed above
2. Complete Required Forms: Fill out the Joint Petition for Simplified Dissolution and related documents
3. Notarize Documents: Both spouses must sign all forms in front of a notary
4. File with the Court: Submit all forms to your county’s Circuit Clerk (filing fees apply)
5. Attend Court Hearing: Both spouses must appear for the court date
6. Receive Final Judgment: If approved, the judge will sign your divorce decree

Is a Joint Simplified Divorce Right for You?

A Joint Simplified Divorce works best for couples with:

• Short-term marriages
• No children
• Limited assets and debts
• Complete agreement on all divorce terms

If your situation is more complex or you disagree on divorce terms, a traditional divorce process may be necessary.

Need Help With Your Divorce?

Even with simplified procedures, navigating divorce can be challenging. An experienced Illinois divorce attorney can help determine if you qualify for this process and ensure all paperwork is properly completed.

For personalized guidance on your divorce options in Illinois, contact our experienced family law attorneys.