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Does my case warrant a simplified divorce in Illinois?

On Behalf of | Nov 25, 2020 | divorce

In Belleville and throughout Illinois, people who decide that they want to end their marriage and get a divorce will have a litany of issues to work through. While in some cases, child custody, child support, spousal support and property division results in acrimony and a long-term dispute, other cases can be settled more rapidly if the circumstances are in place. This is where a joint simplified dissolution can be used. Even if the sides want to pursue this option and meet the criteria, it is still wise to have legal advice from the start.

Necessary conditions for a joint simplified dissolution

There are certain factors that must be in place to use a joint simplified dissolution. While in many marriages, one party provides most or all the support, this type of divorce can be used if neither side is dependent on the other. The residency requirement in the state must be met. The sides must show that they have irreconcilable differences. This means the marriage is irretrievably broken and attempts to repair it were fruitless with no hope to salvage it in the future.

If the couple has children from the marriage, they cannot get divorced using this law. The marriage duration must have been a maximum of eight years. With real property or retirement benefits, the parties must not have an interest unless one of the spouses held the retirement account exclusively and its value did not surpass $10,000. Each side must waive any right to spousal maintenance.

The value of marital property after mortgages and other outstanding debts must be calculated and cannot exceed $50,000. Also, the combined income must be less than $60,000 per year with both parties limited to $30,000. There must be full disclosure of assets and liabilities and the sides must come to a written agreement about pet ownership.

Even those getting a simplified divorce can benefit from legal advice

Given the list of rules that are part of the joint simplified dissolution process, not everyone can use it. However, those who do meet the requirements may benefit from it as it can complete the divorce relatively quickly and the parties can move on without an extended proceeding and the challenges accompanying it. Having legal assistance from a caring and experienced legal professional can give guidance, advice and representation in a simplified divorce or one of a more complex nature.