Getting a Joint Simplified Divorce

Getting a Joint Simplified Divorce

Last updated: October 2011

Ver en Espanol
Get Adobe Flash player

A joint simplified divorce is a court procedure that allows you to get divorced faster and more easily. To get a joint simplified divorce you and your spouse:Must agree to the divorce and fill out the paperwork togetherMust go to court togetherMust be a resident of Illinois for at least 90 days before filing your petitionMust have been married for 8 years or lessMust have lived apart for at least 6 monthsMust not have children, be pregnant, or adopted children togetherMust not own a houseClick on words that appear like 'this' to learn what these words mean.What is a Joint Simplified Dissolution of Marriage? The Joint Simplified Dissolution of Marriage is a court procedure that allows people to get divorced faster and more easily if they meet specific criteria.If I want a divorce but my spouse does not, can I still get a Joint Simplified Dissolution of Marriage? No. A Joint Simplified Dissolution of Marriage is a joint petition. You and your spouse must agree to the divorce and fill out the paperwork together. You and your spouse will also need to attend court together. Do I need to meet all the criteria to qualify for a Joint Simplified Dissolution of Marriage? Yes. All the criteria must be met to qualify for a Joint Simplified Dissolution of Marriage. If you do not qualify for a Joint Simplified Dissolution of Marriage, you may still get a regular divorce. To learn more about filing a divorce using the regular procedures, see "Getting a Divorce in Illinois" Do I have to be a resident of Illinois to get a Joint Simplified Dissolution of Marriage? Yes. You or your spouse must be an Illinois resident for at least 90 days right before filing your petition.How many years can I be married and still get a Joint Simplified Dissolution of Marriage? You can get a Joint Simplified Dissolution of Marriage if you have been married for 8 years or less.If I am still living with my spouse can I still get a Joint Simplified Dissolution of Marriage? No. You must have lived apart from your spouse for at least 6 months or more to get a Joint Simplified Dissolution of Marriage.The petition will say, "irreconcilable differences have caused the irretrievable breakdown of the marriage." This means you and your spouse made serious attempts to save your marriage, but it was not possible. You are both certain your marriage is over.Can we get a Joint Simplified Dissolution of Marriage if we have children? No. You cannot get a Joint Simplified Dissolution of Marriage if you have any children or if the wife is pregnant. You also cannot get a Joint Simplified Dissolution of Marriage if you have adopted any children together. Can we get a Joint Simplified Dissolution of Marriage if we have a same-sex marriage? Yes. A same-sex Joint Simplified Dissolution of Marriage follows the same rules.Can I get spousal support in a Joint Simplified Dissolution of Marriage? No. You cannot depend on your spouse for money if you want a Joint Simplified Dissolution of Marriage.By filing, you give up the right to any future spousal support or maintenance from your former spouse.If I own a house can I still get a Joint Simplified Dissolution of Marriage? No. You cannot get a Joint Simplified Dissolution of Marriage if you own real estate or your spouse owns real estate.If we own other property together is a Joint Simplified Dissolution of Marriage possible? It depends. The total fair market value of all marital property, after taking out all debts owed, must be less than $10,000. Marital property is most of the property you obtained during your marriage. Not included are gifts to one spouse or inheritances to one spouse.It is important to consider the value of all your marital property, including pensions you may have gotten through work. What happens to the other property we own during a Joint Simplified Dissolution of Marriage? As part of your joint petition, you and your spouse must divide all assets that value over $100. You and your spouse must agree about what property each of you will be keeping. Then you must put that agreement in writing. What happens to the debts we owe during a Joint Simplified Dissolution of Marriage? As part of your joint petition, you and your spouse must agree and write out which marital debts you will be responsible to pay. Marital debts include money you owe to creditors for goods or services you bought during your marriage. It is important to know that your Judgment for Dissolution of Marriage does not limit your creditors. A creditor may still try to collect from either spouse for a debt owed to them. How much money can I make and still get a Joint Simplified Dissolution of Marriage? As an individual, you cannot earn more than $20,000 per year in gross income (before taxes).As a couple, you and your spouse cannot have a combined income of more than $35,000 per year to get a Joint Simplified Dissolution of Marriage.What can I do if I do not qualify for a Joint Simplified Dissolution of Marriage? If you do not qualify for a Joint Simplified Dissolution of Marriage, you can go ahead with a regular dissolution of marriage. Click on the title below for more information about what to do if you do not qualify for a Joint Simplified Dissolution of Marriage:How Do I Get a Divorce in Illinois?What if I do not have the money to pay the fees to file for a Joint Dissolution of Marriage? If you do not have money to pay court costs and fees, you can ask the court to waive them. This means that you are asking the court to let you go ahead with your court case without paying the costs and fees.For more information about how to waive your court costs and fees, see Filing Your Court Papers for Free.

Feedback

We welcome your comments and suggestions

User Survey - Please take a moment to fill out our User Survey to help us to provide better service.

Please do not email legal questions or information about your problem. We will not answer legal questions or provide legal assistance. You can find referrals to legal organizations that may be able to help you by clicking here.
   
Apply For Legal Help Now