When you imagine getting divorced, you likely picture two spouses arguing in court under the watchful eye of a judge. Perhaps they cannot come to a decision about child custody, or maybe they are fighting over who will keep the family home. Movies and reality TV shows have sensationalized what divorce really looks like and what the legal process entails. While some divorces can lead to a screaming match in a courtroom, most divorce agreements are created by both spouses behind closed doors.

Most couples do not realize what the Illinois divorce process truly involves until they are thrown into the middle of it. Divorce is never easy, physically or emotionally, and the division of your family is bound to take a toll. While you may never be able to fully prepare yourself for the emotional challenges that will undoubtedly come with your ending marriage, having an understanding of what the legal process includes can make you feel more in control of a major life event that you likely never expected. 

There is no arguing that an uncontested divorce is easier for everyone involved. When divorces are amicable, there is less arguing and less stress involved in the process. You also get to complete your divorce at your own pace when the divorce is uncontested. The state of Illinois even offers a specific divorce process for couples who do not have any major disagreements or extenuating circumstances surrounding the divorce.

Joint Simplified Divorce Requirements

The joint simplified dissolution procedure is a set of guidelines to help couples get a quick and easy divorce. However, not everyone can use this set of guidelines. There are certain requirements that couples must meet before they can file for a joint simplified divorce. A couple can only file a joint petition for a simplified dissolution if:

• Neither spouse is dependant on the other spouse for financial support, or each spouse is willing to waive the right to support
• At least one spouse has been a citizen of Illinois for at least 90 days
• The requirement for irreconcilable differences has been met
• No children were born of the marriage and the wife is not currently pregnant
• The couple was married for less than eight years
• Neither spouse has any interest in real property or retirement benefits
• The total value of all marital property is less than $50,000, the combined gross annual income is less than $60,000 and neither spouse has an income of more than $30,000
• Both spouses have disclosed all assets, liabilities and tax returns for all years during the marriage
• Both spouses have agreed to a plan to distribute marital assets and allocate debts and liabilities among themselves
• The spouses have agreed to a plan for the ownership and responsibility of any companion pets

The requirements for a joint simplified dissolution can be quite restricting. Not every couple will qualify for a joint simplified dissolution, but that does not mean you cannot file for an uncontested divorce. At Weiss-Kunz & Oliver, LLC, we offer a flat rate for uncontested divorce packages and can help you and your spouse stay on the uncontested track.

Social distancing guidelines have been in place for weeks in an effort to slow the rapidly spreading coronavirus. Nearly every aspect of our lives has been affected by this situation, including governmental and legal matters. In Cook County, the circuit court has changed some of its guidelines as to how court functions will take place during this pandemic. One of the changes includes how prove ups for a divorce are permitted to take place during this time. At Weiss-Kunz & Oliver, we have already utilized these new guidelines to conduct prove ups since the courts have been closed. This has resulted in successful outcomes for our clients in their divorce cases. 

What Is a Prove Up?

When a couple has an uncontested divorce, they must take steps to finalize their divorce and make it official. To do this, they are required to attend a hearing before a judge, allowing the judge to review their agreements and ensure that the agreements are fair and in the best interest of any minor children involved in the divorce. Once the judge signs the divorce agreement, the divorce is final. This chain of events is commonly referred to as a prove up. Prove ups are typically required to be in person, with everything in writing, though such circumstances have temporarily changed due to the reduction in court operations.

Requirements for Oral Prove Ups

The Cook County circuit court has put measures into place to allow couples to finalize their divorce remotely. If a couple wishes to have their prove up conducted remotely, they must sign a document stating they agree to do so. The agreement, as well as all required documents, must be submitted to the court via email. The agreement must contain a requested date, time and method of communication, such as Skype or a conference call. The court will then respond with a confirmation of your chosen date and time or a new date and time for the prove up.

Numerous studies over time have revealed overwhelming findings about the effects divorce can have on spouses and their children, ranging from mental distress to more serious long-term physical damage that is sometimes triggered by such prolonged emotional fatigue. The divorce process causes an array of emotions to surface, often stirring up a storm of confused, conflicting feelings for everyone involved.

The Role of Self-Care in Coping

The American Psychological Association reminds separating couples to pay attention to basic self-care as they go through the divorce process. The better you care for yourself throughout an  emotionally draining transition, such as separation, the better you are able to cope and help others cope as you all work through the change.

Recognizing when your soon-to-be ex-spouse is tucking away assets that you rightfully share ownership of can be difficult, especially when you do not know they exist. How are you supposed to claim assets and address them during negotiation settlement if they are invisible in the first place?

Hidden assets are a real problem for some couples, particularly for those dealing with high net worth divorce. If you have a large income or a significant amount of possessions, there is always the chance that your spouse, under tense circumstances, may be tempted to shuffle away some of those funds when the divorce process is underway.

Signs of Deception