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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Is My Divorce Eligible for a Joint Simplified Dissolution in Illinois?

Posted on in Divorce

Hinsdale family law attorney joint simplified dissolution

The most common type of divorce in Illinois is the typical, formal dissolution of marriage. This can be completed in various ways, including through the use of mediation, collaborative law, or litigation. All of these procedures can be used to reach the same end result, though how a couple gets there can vary wildly from case to case. In some cases, divorce can take months or even years, and spouses may wish to avoid a long, drawn-out process and do everything they can to complete the process quickly and effectively. One option that is available to a select group of married individuals in Illinois is called the Joint Simplified Dissolution. A simplified dissolution allows couples to keep costs down and spend much less time finalizing the divorce. However, this option is not available to everyone.

Important Considerations Before You Start

Before you can decide to get a joint simplified dissolution, you must first understand that it only applies to specific types of cases. There are limits on how long you were married, how much property you own, and you and your spouse’s income. Additionally, there are a few key things to keep in mind if you are considering a joint simplified dissolution:

  • You would permanently waive your right to spousal maintenance from your former spouse.

  • You would waive your right to property that was held in your spouse’s name.

  • You should still consult with an attorney before you proceed with a simplified dissolution.

  • You do not have the right to appeal a judgment of joint simplified dissolution of marriage.

Eligibility Requirements

In order to be eligible to file a joint simplified dissolution of marriage, all of the following must be true about your situation:

  • Neither spouse is dependent on the other person for spousal maintenance, and you both waive the right to receive maintenance.

  • Either you or your spouse must have been a resident of Illinois for at least six months.

  • Irreconcilable differences have caused the irretrievable breakdown of the marriage.

  • You and your spouse must not have had children or adopted children during your marriage.

  • You must not have been married for more than eight years.

  • Neither you nor your spouse has any interest in real estate property.

  • If you or your spouse own retirement benefits, they must be held in individual retirement accounts, and they must be valued at less than $10,000.

  • The value of all marital property must be less than $50,000.

  • You and your spouse’s combined annual income must be less than $60,000, and neither of you earn more than $30,000 per year.

  • You and your spouse must have disclosed all assets and liabilities to each other, including tax returns from all of the years you were married.

  • You and your spouse must have a written agreement in which all assets valued at more than $100 are allocated.

  • You and your spouse must have a written agreement which allocates the ownership and responsibility for any companion animals.

Unsure if a Joint Simplified Dissolution is Right for You? Contact a DuPage County Divorce Attorney

If you qualify for a joint simplified dissolution, it may be the right option for you and your soon-to-be ex-spouse. In other cases, there may not be enough cooperation the two of you to use the simplified dissolution procedure, even if you do qualify. Regardless of your situation, it is always a good idea to consult with a knowledgeable Elmhurst, IL divorce lawyer who can look over the details of your case and advise you on the smartest route to take. At Wakenight & Associates, P.C., we can help you determine the best way to proceed with your divorce and help you reach a positive outcome to your case. Call our office today at 630-528-0734 to schedule a free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?

https://www.dupageco.org/CourtClerk/3198/

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