Under Illinois law, two ways to dissolve a marriage exist. The first and most typical method is a formal dissolution of the marriage pursuant to 750 ILCS 5/413. This type of divorce is the type that most people are familiar with. In this type of divorce, the divorcing couple disagrees about certain aspects of their divorce and needs the court to step in and help decide major family law issues, such as division of marital assets or child custody. The other type of divorce is a joint simplified divorce pursuant to 750 ILCS 5/451 et seq. This method is quicker, easier and often less stressful than a formal divorce.
A joint simplified divorce occurs before the court and is available to eligible divorcing couples. The eligibility requirements for a joint simplified divorce in Illinois are as follows.
As of January 1, 2016, the law concerning the period of separation requirement changed. To obtain a joint simplified divorce, the old law required a couple to live separately for at least six months prior to seeking the divorce. However, the new law, eliminated the period of separation requirement entirely.
When a couple decides to pursue a joint simplified divorce, working together to complete the divorce as quickly as possible is of utmost importance. Couples utilizing a joint simplified divorce must work together to divide marital assets and put the agreement into writing. An agreement over the division of marital assets worth more than $100 must be in writing. The divorcing couple must work together to complete the paperwork required to petition for a joint simplified divorce.
A divorcing couple can obtain a joint simplified divorce without the help of a divorce attorney. However, like any other legal matter, consulting with an experienced divorce attorney is a good idea to ensure that you understand your rights and the options available to you. In addition, when entering into a legally binding written contract, employing a lawyer to review the contract ensures that the document you sign does not contain anything that is not in your best interest.
If you need assistance with obtaining a joint simplified divorce, or have any questions or concerns about obtaining a divorce, the divorce attorneys at the Women’s Divorce & Family Law Group are available to help. Please call us at (312) 585-6604 or visit us on the web to schedule your legal consultation.
There are many factors to consider when contemplating divorce, and a pre-divorce planning session can help you begin to plan for a divorce. Please contact the professionals at the Women’s Divorce & Family Law Group by calling (312) 585-6604 or clicking here to schedule a consultation.
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Chicago, IL 60606
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Chicago, IL 60601
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