What Are the Requirements for a Joint Simplified Divorce in Illinois?

Navigating the divorce process can feel overwhelming. From legal paperwork to emotional strain, it’s no surprise that many couples search for a simpler, less stressful solution. If you and your spouse are on the same page when it comes to moving forward, the Joint Simplified Divorce in Illinois may offer the straightforward process you’re seeking.

At the Women’s Divorce & Family Law Group, we’ve guided countless clients through their divorce journeys, helping them uncover the simplest path forward. Today, we’re sharing everything you need to know about Joint Simplified Divorces in Illinois, including the requirements, benefits, and how to start.

What Is a Joint Simplified Divorce?

A Joint Simplified Divorce (also known as a Joint Simplified Dissolution of Marriage) is a streamlined form of divorce available to couples in Illinois. It’s designed for those with fewer complications in their marriage—typically no shared children, minimal assets, and mutual agreement on key issues. This type of divorce requires fewer forms, less time, and often only a single court appearance, making it an attractive option for eligible couples.

Unlike traditional contested divorces, where each party might hire lawyers and argue over terms, a Joint Simplified Divorce prioritizes simplicity and efficiency. Think of it as the “express lane” for divorce in Illinois.

Eligibility Requirements for a Joint Simplified Divorce

To be eligible for a Joint Simplified Divorce in Illinois, you and your spouse must meet specific criteria set forth by the Illinois courts, including:

1. Length of Marriage: The marriage must have lasted no longer than 8 years.
2. Children: You must not have any children together (biological or adopted) and must not be expecting a child.
3. Residency: At least one spouse must have lived in Illinois (or been stationed in the state as a member of the armed forces) for a minimum of 90 days before filing.
4. Real Estate: Neither spouse can own real estate, such as a house or land.
5. Retirement Accounts: You must not share retirement accounts unless they are individual accounts with a combined total of less than $10,000.
6. Assets and Debts:

• The total value of marital property (after subtracting debts) must be less than $50,000.
• Any individual annual income must not exceed $30,000, and combined gross income must not exceed $60,000.
• You and your spouse must create a written agreement dividing all assets valued over $100 and assigning responsibility for all debts.

7. Spousal Support: You and your spouse must waive the right to spousal support (also called alimony).
8. Disclosure: Both parties must disclose all assets and tax returns for the years you were married.

If you and your spouse meet these criteria, you can file for a Joint Simplified Divorce in Illinois.

Residency Requirements for Filing a Joint Simplified Divorce

Illinois state law requires residency for all divorce filings, including Joint Simplified Divorces. Here’s how the residency rules work:

• One or both spouses must have been a resident of Illinois for at least 90 consecutive days prior to filing.
• Alternatively, a spouse must have been stationed in Illinois as an armed services member for the same 90-day period before filing.

These residency requirements ensure the Illinois court system has jurisdiction over your case.

How to File for a Joint Simplified Divorce in Illinois

Here’s a step-by-step guide to get you started on your Joint Simplified Divorce:

1. Confirm Eligibility

Review the requirements above to ensure you and your spouse qualify for a Joint Simplified Divorce. If you’re unsure, consult an experienced family law attorney for clarity.

2. Gather Required Forms

You’ll need to complete the following forms, which can usually be downloaded from your County Clerk’s website or picked up at a Circuit Clerk’s office:

• Application for Waiver of Court Fees (optional, if applicable)
• Joint Petition for Simplified Dissolution of Marriage
• Joint Affidavit Regarding Separation, Division of Property, and Waiver of Hearing
• Agreement as to Assets and Debts
• Judgment for Dissolution of Marriage

Both parties must fill out and sign these documents in the presence of a notary public.

3. File the Paperwork

Take all completed forms to your Circuit Clerk’s office to officially file the petition for a Joint Simplified Divorce. Note that filing fees may apply, so check with your specific county regarding costs. You can also request a waiver for fees if applicable.

4. Appear in Court

Your county will schedule a hearing after your filing. Both you and your spouse are required to attend. A judge will review the documents to confirm that all terms are fair and compliant with Illinois law. If everything checks out, the judge will sign the final judgment for dissolution.

5. Finalize the Divorce

Once the judge’s approval is granted, your divorce is official. You’ll receive a copy of the final judgment, which you should keep for your records.

Simplify Your Divorce Process with Our Guidance

A Joint Simplified Divorce offers couples in Illinois a fast, cost-effective way to dissolve their marriage. By meeting specific requirements and following the streamlined process, you and your spouse can wrap up this chapter of your lives with minimal friction.

If you’re still feeling unsure or overwhelmed, there’s no need to go through this alone. At the Women’s Divorce & Family Law Group, we are skilled in guiding couples through every step of the divorce process—making it as stress-free as possible. Whether you need help determining eligibility, filling out legal forms, or preparing for a court hearing, our experienced attorneys are here to assist. Contact us today and take the first step toward your future.