Illinois has one of the lowest divorce rates in the country. However, many couples end up deciding they just can’t continue with a marriage. When the decision to divorce is made by both parties, Illinois offers a simplified process known as the joint petition for a simplified dissolution of marriage.
If you know your marital union is heading for a divorce, taking the simplest route is for the best. Not everyone who wants a simplified dissolution of marriage will qualify, however. Take a look at some of the conditions that must be met when applying for a joint petition for a simplified dissolution of marriage in Illinois.
One Spouse Must Be a Resident of Illinois for 90 Days
For most couples, residency in the state of Illinois will not be an issue. If you have recently moved to Illinois from another state, however, you should know that at least one of you will have to have been a resident for at least 90 days to be allowed to file for a simplified divorce. You may have to prove the duration of your residency to the court by obtaining the proper documentation.
If neither you nor your spouse have been a resident in Illinois for 90 days, or if you can’t prove that you have been a resident, filing for the divorce may require a brief waiting period. Be sure you do something to document your residency so you don’t run into further issues when you try to file for divorce again.
You Must Live Apart for Six Months
In order to qualify to file the simplified petition to end the marriage, the two of you must have been legally separated for at least six months. Some people assume couples must be apart for two years, but this does not apply during joint application for simplified marriage dissolution. Individuals who wish to file for a divorce on their own without joint effort from their spouse can do so after two years.
You Agree to the Division of Assets
For a simplified dissolution of marriage, the two of you must agree to the division of your assets which are valued at $100 or higher. You will have to make decisions and agreements about furniture, electronics, vehicles, your home, and jointly owned real estate to name a few.
Likewise, debts and liabilities must be divided or handled in an agreeable fashion. For example, if you both owe credit card debt in a joint account, you could agree that one person or the other will be responsible, or you could work with the creditor to divide the joint account.
Irretrievable Breakdown Is the Reason for Filing
A very commonly cited reason for divorce in most states is an irretrievable breakdown or something of similar terminology. Irretrievable breakdown means the marriage has broken down to the point that efforts to mend the relationship have failed. Irretrievable breakdown is considered a no-fault divorce filing; no party is particularly at fault for the breakdown.
When filing a petition for a simplified dissolution of marriage in Illinois, the only credible reason you can provide for a simple dissolution is an irretrievable breakdown of the marriage union. Furthermore, you must both agree that attempts to reconcile the relationship have failed and future reconciliation attempts would not be logical.
The joint petition for the simplified dissolution of marriage must be signed by both parties and submitted along with any necessary supporting documentation. No one ever wants to believe they will be faced with the divorce process, but it does happen. If you face a divorce, an attorney can help walk you through the process. Reach out to us at Randall A. Wolff & Associates, Ltd. for more information.
