May Use The Joint Simplified Dissolution of Marriage Procedure ?
To use the Joint Dissolution of Marriage procedure, the following must apply to you and your
- Irreconcilable differences have caused the irretrievable breakdown of your marriage. All efforts at reconciliation
of the differences have failed and future attempts at reconciliation would not be in the best interest of you and your
- You and your spouse must have lived separate and apart for at least six months. Also, you both must be willing to
waive the requirements for a two-year separation before obtaining a dissolution on the grounds of irreconcilable
- You must have been married for less than five (5) years and either you or your spouse (or both) must have lived in
the State of Illinois and the County of Will for at least ninety (90) days immediately prior to filing for the dissolution.
- No children were born or adopted by you and your spouse during your relationship and the wife is not now pregnant.
- Your combined annual gross income from all sources must be less than $25,000. The total value of marital
property you and your spouse own must be less than $5,000. Calculate the "total value" by adding together the value of all
assets and then subtracting the amount of all encumbrances. Encumbrances are amounts owed on the property, such as
amounts owned on a car loan.
- Neither you nor your spouse may own or have any interest in real estate.
- You and your spouse each must be willing to permanently give up any right to maintenance (alimony).
- You and your spouse must have disclosed to each other all assets each of you have, and disclosed all tax returns
filed during your marriage.
- You and your spouse must sign a written agreement dividing between yourselves all marital assets worth more
than $100.00 and dividing responsibility for all debts and liabilities. You must divide the property and sign and
exchange all documents (such as automobile titles, etc.) necessary to carry out the agreement before any court
- You and your spouse must waive any right you may have to a bifurcated hearing on your dissolution petition (hearing
held in two parts, one to decide the issues relating to granting the dissolution, and another to decide any property
or other issues).