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Do You Qualify for an Illinois Joint Simplified Dissolution of Marriage?

Posted on in Illinois Divorce

Kane County divorce attorneyMany of the divorces we hear about in the media that involve celebrities, athletes, and politicians often involve knock-down, drag-out fights, taking months – if not years – to settle. These types of divorces can also be found in our own social circles. If you are considering divorce but cannot imagine you and your spouse engaging in this type of process, you may just qualify for a joint simplified dissolution of marriage.

Contested and Uncontested Divorces in Illinois

If a spouse contests a divorce, it does not mean that they will permanently stop the divorce. It just means that the couple does not agree on at least one major issue they need to decide on, such as asset division or child support. While a contested divorce usually ends up taking much longer and costs a lot more than an uncontested divorce – one where the couple does agree on all major issues – it will eventually come to a legal conclusion.

The timeline for an uncontested divorce is typically much quicker. This is because the only task for the court is to give its stamp of approval to the divorce agreement the couple has come up with after determining that the agreement abides by Illinois law. In most cases, the uncontested divorce process is approximately six months.

Joint Simplified Dissolution

In certain situations, when a couple’s divorce is uncontested, they may qualify for a joint simplified dissolution of marriage. This is the quickest type of divorce, with the court issuing a Judgment of Divorce in just weeks and sometimes even days.

In order to qualify for a joint simplified dissolution of marriage, the couple does need to meet certain criteria stipulated in the state divorce statute. These include:

  • The couple must have been married for less than eight years

  • The couple must not have any children together

  • The wife must not be pregnant

  • The couple must agree to file on the grounds of irreconcilable differences

  • The couple must not have more than $10,000 in combined assets and meet certain income requirements

  • Neither spouse owns any interest in real estate property

Couples who qualify for a joint simplified dissolution of marriage may think they do not need attorneys because the process is an easy one; however, even in these types of divorces, it is always in a person’s best interest to at least meet and discuss their situation with a qualified divorce attorney.

Contact a Kane County Family Law Attorney

If you have decided to end your marriage, no matter what type of process you are anticipating with your spouse, our dedicated St. Charles, IL divorce attorneys are here to help. Call Weiler & Lengle P.C. at 630-382-8050 to schedule a confidential consultation and find out what legal options you may have.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086

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