Simplified Divorce

 Posted on August 17, 2013 in Divorce

Deciding to file for divorce is a hard decision. Alas, at times, divorce is the right choice. This is often the case for young couples who have fallen victim to youthful haste and have gotten married without thinking it through. Though there are plenty such couples who have long and happy marriages, there are many who realize their mistake and decide to file for divorce. We should note that this post is about divorce after a short marriage, and not annulments. In cases where the marriage is relatively brief, couples may avoid lengthy divorce proceedings by following Illinois simplified divorce procedures.  Couples that follow this route usually do not have children, have not accumulated substantial assets during their marriage and tend to agree that the marriage was a mistake. Simplified divorce procedures are desirable because they are cheaper, less emotionally charged and allow parties to focus on their post-divorce life. In order to file for a simplified divorce, couples must file a joint petition certifying that:

• Neither party is dependent on the other party for support or each party is willing to waive the right to support.
• Irreconcilable differences have caused the irretrievable breakdown of the marriage and the parties have been separated for at least six months.
• The wife is not pregnant and no children were born or adopted during the marriage.
• The marriage was shorter than eight years.
• Neither party has any interest in real estate property.
• The parties combined gross income is below $34,000 and their marital property is worth less than $10,000.
• The parties have disclosed their assets, and
• There is a written agreement for any marital assets and liabilities.

Obviously, these requirements make this option not viable for many couples. Even then, the statute recommends that the parties still consult an attorney to ensure they follow the required procedures. If you are considering a simplified divorce, consult an experienced Illinois family law attorney.