What Is a Joint Simplified Divorce in Illinois?

 Posted on April 17, 2020 in Illinois Family Law

If you are thinking about filing for divorce in DuPage County and want to get the process completed as quickly as possible, you may have found information about “joint simplified divorce” under Illinois law, and you may be wondering if you qualify. Joint simplified divorce is, in large part, what it sounds like: a simplified divorce process through which two parties can quickly dissolve their marriage legally.

However, many Illinois residents do not qualify for a joint simplified divorce. Indeed, joint simplified divorce has many requirements, and it can be difficult for parties to meet those requirements. We will tell you more about joint simplified divorce in Illinois to give you a better understanding of who may qualify for it under Illinois law.

Many Married Couples Will Not Qualify for a Joint Simplified Dissolution Procedure

For Muslim couples in DuPage County, joint simplified divorce will not be an option if you have children from the marriage, and it is not an option for any parties anticipating a high asset divorce. Further, it is not a possibility in any situation where one of the spouses will need to seek spousal maintenance or support.

Even if you cannot have a joint simplified dissolution procedure, we want to emphasize that there are other options for moving through the divorce process relatively quickly. In general, when both spouses can reach an agreement about all terms of the divorce, they can have what is known as an uncontested divorce. An uncontested divorce can be completed within 90 days for a divorce without children, and within 180 days for a divorce with minor children from the marriage.

Requirements for a Joint Simplified Divorce

To qualify for a joint simplified divorce in Illinois, all of the following requirements must be true:

• Both spouses agree to all terms of the divorce
• Requirements for “irreconcilable differences” have been met, which usually means that the spouses have lived separate and apart for a continuous period of six months or longer
• Spouses can file their divorce forms together and are willing to appear together in court
• Marriage must not have lasted any longer than 8 years
• Parties do not have any children together, including adopted children
• Neither party is currently pregnant
• Parties cannot have any jointly held retirement benefits
• Neither party can have individually held retirement benefits of $10,000 or more
• Parties cannot have marital assets totaling $50,000 or more
• Neither spouse can earn more than $30,000 per year (before taxes)
• Parties cannot collectively earn more than $60,000 per year (before taxes)
• Each spouse must be financially self-sufficient, and cannot currently rely on the other for support
• Spouses must agree to waive any right to spousal maintenance
• Spouses must reach a property division agreement for all marital property worth more than $100

Contact an Oakbrook Terrace Divorce Attorney

As you can see, the requirements for a joint simplified dissolution process are very difficult for most parties to meet. Any married couple in the Muslim community with higher earnings, marital assets, or children from the marriage will not qualify. Yet, as we emphasized above, you can still work with an experienced Oakbrook Terrace divorce lawyer toward a relatively quick and straightforward divorce. Even if you and your spouse do not currently agree to all terms of the divorce, an uncontested divorce may still be possible. Contact Farooqi & Husain Law Office today online or call us at 630-909-9114 to learn more about your options for divorce and the services we provide to members of the DuPage County Muslim community.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV%2DA&ActID=2086&ChapterID=59&SeqStart=5300000&SeqEnd=6100000