Are You Qualified for Joint Simplified Dissolution in Illinois?

 Posted on November 07, 2019 in Family Law

Over the past few decades, many states have begun loosening the grip on marriage. For a very long time, American courts were highly paternalistic in their attempts to place obstacles in the way of divorce. At one time, all states required some wrongdoing or “grounds” for divorce. As that requirement faded, courts imposed waiting periods or mandatory separation periods. Today, Illinois has come a long way in recognizing the need to simplify the divorce process, especially for those who meet certain guidelines. For those individuals, the process can be very quick and can be done with minimal conflict.

While Joint Simplified Dissolution of Marriage may sound easy, it is still important to consider all of the legal implications of divorce before signing anything. From taxes to insurance, divorce will entirely change the landscape of your life very quickly. It is usually best to get experienced help from a DuPage County divorce attorney before trying to take on this sort of task alone. If you do qualify, then you and your spouse can file a joint petition, asking for a divorce. This saves several costly and unnecessary steps.

To determine if you even qualify for a joint simplified dissolution, check to see if you meet each of the following:

• Is either person dependent on the other for monetary support, and will both people be willing to waive any and all support (i.e. alimony/maintenance)?
• Do the parties both meet the residency requirements to get divorced in this state?
• Are both people are willing to agree that they have irreconcilable differences?
• Are there no children (including adoptions), and the wife is not pregnant?
• Was the marriage shorter than 8 years?
• Do either of the parties have an interest in real estate? If so, joint simplified dissolution is not an option.
• Do either of the parties have retirement accounts worth more than $10,000? If so, the divorce does not qualify.
• Does the value of all marital property fall below $50,000?
• Is combined income from both parties below $60,000?
• Have both people shared all assets and liabilities with each other, and they are each aware of tax returns for the entire marriage?
• Can the parties sign a written agreement dividing all assets worth more than $100?
• Are both people willing to reach a signed agreement on ownership and caretaking responsibilities for pets?

If any of the above factors are missing, then you will need to follow the traditional steps for a divorce.

Let an Experienced DuPage County Family Law Attorney Assist with Your Divorce

While the process may seem relatively straightforward, consider that a couple with minimal assets still has to reach an agreement on all other items, including division of property. Often people are too quick to waive maintenance, assuming that they wouldn’t qualify, or they are quick to move out, only to discover they actually do depend on the other spouse for financial assistance. Before signing anything with your spouse, consider scheduling an appointment to speak with an attorney from the Law Office of Martoccio & Martoccio. We may be able to address concerns and assist in giving you a simple, yet legally sound path forward. Our goal is to minimize complications, reduce conflict, and help you get divorced quickly and without unnecessary obstacles or hurdles. To speak with a Hinsdale divorce lawyer, call (630) 920-8855 for a free consultation today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+I&ActID=2086&ChapterID=59&SeqStart=100000&SeqEnd=900000