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A joint simplified divorce is a court process that makes it easier to get a divorce. It can be used to end a marriage or civil union.
There are many requirements to get a joint simplified divorce. They are listed below.
Time limits
You or your spouse must be a resident of Illinois for the past 90 days. Your marriage or civil union cannot be longer than 8 years.
No children
You cannot have any children with your spouse.
You or your spouse must not be pregnant by the other spouse, or in the process of adopting a child.
Agreement
You and your spouse must agree on all of the terms of the divorce.
You must agree that your marriage has broken down. The legal term is "irreconcilable differences." If you and your spouse have been living in different places for at least 6 months, that is enough.
Property
Both you and your spouse cannot own any real estate. The total value of any other property you got during the marriage, minus debts, must be less than $50,000.
You cannot hold any retirement benefits jointly with your spouse. The combined value of any benefits either of you holds individually must be less than $10,000.
You and your spouse must agree to divide all property you got during the marriage that is worth more than $100. You must also divide all debts that were taken on during the marriage.
You must agree to divide ownership and responsibilities for any pets you had during the marriage.
Income
You and your spouse individually cannot make more than $30,000 per year, before taxes. Together you cannot make more $60,000 per year, before taxes.
You must not depend on each other for support. You both must agree to waive the right to support after the divorce.
You must show your tax returns to each other for each year of the marriage.
Process
If you meet all of the qualifications above, you and your spouse can file a petition together for joint simplified divorce. You must file court forms and appear in court together.
- Cook County: Use the Joint simplified divorce in Cook County program to create your petition.
- Other Counties: Check with your local circuit clerk for the forms you need.
Legal Comment
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