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Do I Qualify to File an Illinois Joint Simplified Divorce?

Posted on in Divorce

IL divorce attorneyThere 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.

Consult With a DuPage County Uncontested Divorce Attorney

If you are unsure of whether or not you can file for a simplified dissolution, you should speak with a skilled Elmhurst, IL uncontested divorce lawyer. At Weiss-Kunz & Oliver, LLC, we can help you determine if an uncontested divorce is your best option. Contact our team of knowledgeable lawyers today at 312-605-4041 to schedule a consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

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