Who Can File For A Joint Simplified Dissolution Of Marriage In Illinois?
As a divorce attorney in Schaumburg, I often meet couples who are ready to end their marriage but want to do so with as little conflict, cost, and delay as possible. Illinois offers a legal path for certain couples, known as a Joint Simplified Dissolution of Marriage. This process is designed for spouses who meet specific qualifications and can agree on every issue related to their divorce. It is faster and less expensive than a traditional divorce, but it comes with strict eligibility requirements that must be met under Illinois law.
A simplified dissolution process allows both spouses to file jointly, thereby avoiding contested hearings and extensive paperwork. However, even though the process is intended to be easier, it is important that all statutory conditions are met before filing. If even one requirement is not met, the court will not approve the dissolution under this simplified process.
Understanding The Joint Simplified Dissolution Of Marriage
Under 750 ILCS 5/452, Illinois law provides an alternative dissolution procedure for couples who meet certain qualifications. This process is often used when the marriage is relatively short, the couple has limited assets, and there are no children involved. Both parties must agree completely on how to divide their property and debts before filing.
In a traditional divorce, one spouse files a petition for dissolution, and the other spouse responds. In a joint simplified dissolution, both spouses file together, affirming their agreement on all terms and confirming that they meet the statutory criteria. This eliminates the need for a trial or discovery process, making it a smoother and faster procedure.
Eligibility Requirements Under Illinois Law
The qualifications for filing a joint simplified dissolution are outlined in 750 ILCS 5/452(a). Both spouses must meet every requirement. If even one is missing, the simplified process cannot be used. The requirements include:
- Both spouses must agree that irreconcilable differences have caused the irretrievable breakdown of the marriage.
- No children were born to or adopted by the couple during the marriage, and neither spouse is pregnant.
- The marriage has existed for no more than eight years.
- The combined gross annual income of both spouses is less than $60,000, and neither spouse earns more than $30,000 individually.
- Neither spouse owns real estate.
- The total value of marital property, excluding vehicles, is less than $50,000, and both agree on how that property will be divided.
- Both waive any right to maintenance (spousal support).
- Each spouse has disclosed all assets, income, and debts in writing.
- Both parties must sign a written agreement that divides property and allocates responsibility for debts.
Meeting all these requirements allows the couple to proceed with filing jointly using standardized court forms provided by the Illinois Supreme Court.
The Process Of Filing For A Joint Simplified Dissolution
The process begins when both spouses complete and sign the required documents, which include the Joint Petition for Simplified Dissolution of Marriage, a Marital Settlement Agreement, and a Judgment of Dissolution of Marriage. These forms are filed together at the circuit clerk’s office in the county where either spouse resides.
For couples in Schaumburg, the filing typically occurs in the Cook County Circuit Court. After filing, the couple will be given a court date. At the hearing, both spouses must appear before the judge to confirm under oath that the information provided is accurate and that they both wish to proceed. If the court is satisfied that all statutory requirements are met and the agreement is fair, the judge will enter a Judgment for Dissolution of Marriage, officially ending the marriage that same day.
Because the process is simplified, neither party is required to have an attorney. However, many couples still choose to consult one to ensure their rights are fully protected and that the paperwork is correctly completed. Errors or omissions can delay the process or even lead to dismissal of the petition.
Advantages Of A Joint Simplified Dissolution
The greatest benefit of this type of divorce is efficiency. Couples who qualify often complete the entire process in a matter of weeks, not months. Other benefits include:
- Lower Costs – Court fees and attorney fees are significantly reduced.
- Less Conflict – Both parties must agree in advance, eliminating disputes.
- Privacy – Fewer filings and hearings mean less exposure of personal issues in court.
- Speed – There is no waiting period after the hearing—once approved, the marriage is immediately dissolved.
However, the simplicity of the process means it is not suitable for every couple. If there are children, real estate, significant assets, or disagreements about finances, a traditional divorce proceeding will be necessary.
When A Simplified Dissolution May Not Be Appropriate
If there is any disagreement over property, debts, or maintenance, or if one spouse is unsure of the other’s full financial disclosure, proceeding with a simplified dissolution may not be wise. In such situations, I advise my clients to file a standard Petition for Dissolution of Marriage under 750 ILCS 5/401. This allows for discovery, subpoenas, and a full hearing before a judge if needed.
Additionally, couples who initially believe they qualify for a simplified dissolution may discover that one of the income or asset limits is exceeded, or that a pension or retirement account complicates the property division. Even a small miscalculation can disqualify them from the process. Consulting an experienced Illinois divorce attorney ensures that you choose the right legal path from the start.
Why Legal Guidance Still Matters
Although the joint simplified dissolution is designed to be self-guided, I always caution clients that filing incorrectly or failing to comply with every statutory condition can have lasting consequences. A poorly drafted property division can lead to disputes long after the divorce is finalized. In some cases, one spouse later discovers they unintentionally gave up rights to valuable assets.
An attorney can ensure that every requirement of 750 ILCS 5/452 is met, all agreements are enforceable, and the court documents accurately reflect your intentions. Even in an uncontested divorce, professional legal guidance provides peace of mind that the final judgment truly closes the chapter without future complications.
Frequently Asked Questions About Illinois Joint Simplified Dissolution Of Marriage
Who Qualifies For A Joint Simplified Dissolution Of Marriage In Illinois?
Only couples who meet all of the requirements under 750 ILCS 5/452 qualify. This includes having no children, being married for less than eight years, having limited income and assets, and agreeing on all terms of the divorce. If any requirement is not met, you must file a traditional divorce petition instead.
Can We Still Use The Simplified Divorce Process If We Have Children?
No. The law is clear that couples with minor children or dependents are not eligible to use the simplified process. Even if both parents agree on custody and support, those matters must be handled through a standard dissolution under 750 ILCS 5/401.
Do Both Spouses Have To Appear In Court?
Yes. The judge must personally confirm that both spouses understand the agreement, meet the qualifications, and wish to proceed. If one spouse cannot appear, the court will not finalize the dissolution.
Can Either Spouse Change Their Mind After Filing?
Yes. Either spouse may withdraw consent at any time before the judgment is entered. Once the judgment is signed by the judge, the marriage is legally dissolved, and reversing it would require remarriage.
Do We Need Separate Attorneys For A Joint Simplified Dissolution?
It is not required, but it is strongly recommended. Even though both spouses file jointly, an attorney ensures that all documents are correct and that neither party unknowingly forfeits rights. An error can delay the process or create long-term financial issues.
What Happens If We Don’t Meet The Financial Requirements?
If your income or assets exceed the statutory limits, you will need to pursue a traditional dissolution instead. The court will reject a simplified petition if you do not meet every financial and property condition outlined in 750 ILCS 5/452.
How Long Does A Simplified Divorce Take In Illinois?
Once the petition is filed, couples typically receive a court date within 30 to 60 days. If everything is in order, the judge can finalize the divorce at the hearing. Compared to a standard divorce, this is significantly faster.
Can A Joint Simplified Dissolution Be Used For Same-Sex Marriages?
Yes. Illinois law treats all marriages equally, so long as all eligibility requirements are met. The same income, duration, and property limits apply regardless of the gender of the spouses.
Where Do We File In Schaumburg?
Couples residing in Schaumburg will file in the Circuit Court of Cook County. The courthouse serving Schaumburg is located in Rolling Meadows, where simplified dissolution petitions are handled.
Call The Law Office Of Fedor Kozlov Today
Do you and your spouse believe you qualify for a Joint Simplified Dissolution of Marriage in Illinois? I can help you confirm your eligibility, prepare the required documents, and guide you through the court appearance with confidence. As a Schaumburg divorce lawyer, I assist clients across Cook County and throughout Chicago in resolving their divorces efficiently while protecting their legal rights and financial futures.
Contact our Chicago divorce attorney at the Law Office of Fedor by calling (847) 241-1299 to schedule a consultation. We can help you find out if you qualify for this faster, simplified divorce process.
