This article explains the requirements for a couple living in Illinois to file a petition for joint simplified divorce. This divorce petition makes it quick and easy for spouses to get a divorce, but is only available to those that meet specific requirements.
Note that all information in this article applies equally to both married couples and partners in a civil union.
Requirements for a joint petition for a simplified divorce are listed below:
1. No Children
You and your spouse cannot have any minor children together.
Additionally, you cannot file a simplified divorce petition if either spouse is currently pregnant, or is in the process of adopting a child.
2. Length of Marriage
Generally speaking, you and your spouse cannot have been married for MORE than eight (8) years.
3. Income ($)
Both you and your spouse must make LESS than $30,000 a year, before taxes. You and your spouse's combined incomes must also be LESS than $60,000 a year, before taxes.
Furthermore, neither you nor your spouse can request financial support from the other. This includes:
- child support payments
- alimony (maintenance)
- cash medical support; or
- college expense payments
In order to file a joint simplified petition for divorce, you be able to provide your tax returns from each year of the marriage.
Neither you nor your spouse can own any real estate property. If you own any non-real estate properties, their combined value must be LESS than $50,000 (NOT including any debts you owe).
You also may not share any retirement benefits with your spouse. In addition, the total value of all retirement benefits you are entitled to must be LESS than $10,000.
All marital property worth over $100 must go through property divisions. This includes the care for any pets obtained during the marriage.
5. No-Contest Divorce
You and your spouse must be in agreement to get a divorce, which is sometimes called a "no-contest divorce". This means you must agree on all the terms of your marital settlement agreement.
Finally, both you and your spouse must be residents of the state of Illinois for at least 90 DAYS. The only exception to this would be if a spouse is stationed in Illinois as a member of the military for at least 90 DAYS.