A Dissolution of Marriage (commonly referred to as a divorce) is a serious legal step which should not be taken without considerable thought. b. The Law. 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 . Only for use in Lake County. You and your spouse together cannot make more $60,000 per year, before taxes. You may be able to get free legal help. . The duration of the marriage does not exceed 8 years. 750 ILCS 5/452(e). Filing a joint petition can help the couple avoid any unnecessary stress associated with a drawn out trial. The Illinois legislature decided to make divorce easier for folks without kids, money or the need for money when it implemented 750 ILCS 5/IV-A Joint Simplified Dissolution Procedure. If you meet all of the qualifications above, you and your spouse can file a petition together for joint simplified divorce. I strongly recommend Attorney Genelle Johnson. Joint Petition for Summary Dissolution (FL-800) Joint Petition for Summary Dissolution. If you and your ex can come to a written agreement on all or most of these issues, you may be able to file a joint divorce petition. For Immediate help with your family law case or answering any questions please call How a Joint Petition Divorce is Filed: In Nevada, a divorce is often filed in the form of a Joint Petition (NRS 125.182) It is the simplest way to file and obtain a divorce when both parties agree to all terms of the divorce, including child custody, child support, visitation, and property division (if applicable) and when both parties agree to sign the divorce papers. Receiving the divorce petition via a private process server. Good luck to you. Your feedback is the best way for us to improve our services. . c.208. Thank you. Under a joint simplified proceeding, each spouse loses any right to maintenance, more commonly known as alimony. Except that there are additional requirements to use the joint simplified petition for dissolution form. If youre looking for an honest, hardworking and tough attorney, shes it. This process saves divorcees time by choosing to come to an agreement together before going to court. The forms are also less complex. No marriages over 8 years in length are allowed if you want to file a petition for joint simplified dissolution of marriage. ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/joint-simplified-divorce-cook-county. For some people, however, a divorce should probably should be as easy as filling out a form. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. Visit I want to divorce someone who lives outside Illinois or Getting a divorce to learn more. The court, after examination of the petition and the parties and finding the agreement of the parties not unconscionable, shall enter a judgment granting the dissolution if the requirements of this [statute] have been met750 ILCS 5/543. Right Lawyers offers three different packages for an uncontested divorce. Illinois/Local County/Jackson/Divorce/ Joint Parenting Order Illinois/Local County/Jackson/Divorce/ . What is a joint petition for divorce? Hello. Depending on the state that you live in, you may be eligible for an even easier divorce if you meet the following criteria: You may be able to file a joint petition for a summary dissolution at a more affordable cost than a regular joint petition. DV-P 105.1 Page 1 of 6 (04/18) STATE OF ILLINOIS, PETITION FOR DISSOLUTION OF MARRIAGE / CIVIL UNION (DIVORCE WITH CHILDREN) You may be able to get free legal help. You are getting divorced! Dissolution of Marriage/Civil Union. Using this form you can request court orders for money for maintenance (alimony), child support and family support. After deducting any loans collateralized by property, the fair market value of all marital property is less than $50,000.00. Fill out all forms completely. Joint Petition for Simplified Dissolution of Marriage Judgment for Dissolution of Marriage With all three forms, you should either type the necessary information or neatly print the information in ink. You or your spouse must not be pregnant by the other spouse, or in the process of adopting a child. I understand that making a false statement on this form is perjury and has penalties provided by law under 735 ILCS 5/1-109. You both must agree to waive the right to support after the divorce. Maybe you should talk to a lawyer that is probably a red flag. INSTRUCTIONS: Preparing and drafting joint petition and other cause papers for divorce and terms regarding children (without division of assets) Explaining the contents of the joint petition and confirming your instructions. The total value of any other property you got during the marriage, minus debts, must be less than $50,000. The only grounds for divorce is "irreconcilable differences" - you attest that you and your spouse have tried to work things out but you just can't. ( 750 ILCS 5/401 (a)) If you've already lived apart for six months or more, then the law considers that "an irrebuttable presumption" of irreconcilable differences. 200 Ratings. You can file a joint petition yourself for free. You must agree that your marriage/civil union has broken down and cannot be repaired. You and your spouse must agree on all of the terms of the divorce. It is the fastest because you can only file jointly if you already agree on all the divorce topics. 2022Illinois Legal Aid Online. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help. Call (773) 334-6311 Today for a Free Consultation | Every Call will be Connected with an Attorney. Joint Decision-Making Responsibilities In An Illinois Divorce When your children are with you, you'll be making decisions for them on a minute-by-minute basis. seq. You must show your tax returns to each other for each year of the marriage. Although the joint petition for divorce is considered an uncontested divorce, the parties will still be . 1165 N Clark St # 700, Chicago, IL 60610. You must spend court filing costs to start a divorce, as with most legal actions. The length of the divorce usually depends on the level of disagreement between the parties. Divorce - Joint Dissolution of Marriage. . When the petition is jointly filed, the spouses are called Co-Petitioners. When the statute is telling you, Hey, this statute isnt so great. ILAO is a registered 501(c)(3) nonprofit organization. A Judgment of Dissolution of Marriage (divorce) permanently settles all financial rights arising out of your marriage, including the right to property held in the name of your husband or wife, and the right to support from your husband or wife. Book My Consult At the end of the program, you will get a completed set of court forms with instructions that you can save and print. You cannot have any children with your spouse. Depending on the state you live in, if two people want to get a divorce and it is uncontested or no-fault, they have the option to file a joint petition for dissolution of marriage. Please take the time to answer this survey. The husband and wife petition the court together with paperwork that is signed by both parties. . You and your spouse individually cannot make more than $30,000 per year, before taxes. She put me first and always answered my questions and concerns honestly, not just telling me what she thought I wanted to hear. A joint simplified divorce also presumes that the divorce will remain uncontested and agreed throughout the entire process. A joint simplified divorce is an alternative to no-fault divorce in Illinois. You or your spouse must be a resident of Illinois for the past 90 days. The total fair market value of all marital property, after deducting all encumbrances, is less than $50,000, the combined gross annualized income from all sources is less than $60,000, and neither party has a gross annualized income from all sources in excess of $30,000. 750 ILCS 5/452(h). This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts. For more information visit Joint simplified divorce with no . The parties have a written agreement dealing with ownership of any pets.. [M]arriage is a fundamental right. Boynton v. Kusper, 494 NE 2d 135 Ill: Supreme Court 1986. Entertaining and educating business content. The combined gross annual income of the parties is less than $60,000.00, and neither party has a gross annual income greater than $30,000.00. Something went wrong while submitting the form. 750 ILCS 5/452, a part of the Illinois Marriage and Dissolution of Marriage Act, sets the requirements to qualify for a joint simplified dissolution of marriage. Thats $ 30,000 annually. Many of our clients are going through difficult times in their lives when they reach out to us. Didnt the statute just tell us this in 750 ILCS 5/452(a) when the statute told us to check with a lawyer? You and your spouse can file a Joint Petition for Simplified Dissolution of Marriage if: no spousal support (alimony) will be paid, no-fault grounds are used, there are no children and the wife is not pregnant, you have not been married more than 8 years, Both parties shall appear in person before the court and, if the court so directs, testify. Your marriage/civil union cannot be longer than 8 years. Can he be video conferenced in for court proceedings? Illinois is a no-fault state. Since a couple signs and submits a joint petition together they waive their right to service of process. The parties have either lived separately and apart for six months, or both parties agree to waive this requirement. You or your spouse individually cannot make more than $30,000 per year, before taxes. It just takes a little knowledge and experience to be sure that the documents fit your and your soon-to-be-ex-spouses needs. Form completion time: 15 minutes to 30 minutes. Hello. References: What is a Marital Settlement Agreement? The button below takes you to another website to complete the guided interview. Filing jointly can save a lot of stress, time, and money. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. A joint petition is an option for spouses who agree to a divorce and want to work together to ensure the process goes smoothly from the outset. ILAO wants to get a better understanding of who uses this website, so that we can give you the information you want and need. You will have no right to appeal. Petition for divorce illinois. The parties have executed a written agreement dividing all assets in excess of $100 in value and allocating responsibility for debts and liabilities between the parties. 750 ILCS 5/452(j), Every item over $ 100 has to be accounted for in an Illinois Joint Simplified Divorce? Easy Form program opens in a new tab or window. to schedule a strategy session with one of our attorneys. Check your email for your free 2022 Guide to Divorce. This form shall be prepared by the person filing the petition for dissolution of marriage and shall be presented to the judge for his/her inspection prior to the entry of the final order. 750 ILCS 5/451 et. You cannot have children together if you want to file a petition for joint simplified dissolution of marriage. If you have not guessed by now, I dont think much of joint simplified divorce in Illinois. The right to service of process is when the petitioner provides his/her spouse with a copy of the petition. That sounds exactly like a prove up in a regular Illinois divorce. You and your spouse cannot hold any retirement benefits jointly and the combined value of any benefits either of you hold individually must be less than $10,000, The total marital property, minus debts, must be less than $50,000, You or your spouse individually cannot make more than $30,000 per year, before taxes, (FL-800) Start a simplified process for divorce if you and your spouse or domestic partner have been married or partners for less than 5 years, do not own or owe very much, do not have children together, do not want spousal or partner support from each other . Otherwise, everyone would get divorced by merely checking boxes and submitting a form. Thank you! You must also divideall debts that were taken on during the marriage. Joint, annual, gross income from all sources must be less than $35,000. Marriage and the dissolution therefrom is a fundamental right. We are here to help! Check your email for your free Estate Planning Guide, Neither party relies on the other for support or is willing to waive any right to spousal maintenance.. One of the things both bankruptcy and divorce actions do is to require customers to face their residential or commercial property and debt. As such, they believe they have a right to withdraw them at any time, including after a divorce petition has been filed. Illinois requires that at least one spouse has lived in the state prior to filing for divorce or prior to the issuance of the divorce decree. You must agree that your marriage has broken down. She saved me alot of time, money and aggravation and Im sure shell do the same for you. It depends mostly on the court's calendar and if mediation is needed at all. You and your spouse must currently be living separate and apart. If two people wish to end their marriage because their relationship has simply broken down, divorce can be simple and relatively painless. Illinois has jurisdiction over the divorce case based on the parties' residency. Currently most states permit no-fault divorces. In fact, Ive never heard of anyone actually getting one (It might be because they wouldnt need a divorce lawyer). Only logged-in users can post comments. Worried about doing this on your own? Your feedback is the best way for us to improve our services. The marriage lasted for less than eight years. The information provided is general information and is not to be considered legal advice. It will ask you questions and you will enter your answers. Neither you nor your spouse may own any real estate. You must file court forms and appear in court together with your spouse. Depending on the state that you live in there is a minimum amount of time that you must be a resident before you can file for a divorce, even if you file a joint petition. (888) 240-8146 This content is designed for general informational use only. How can we improve this site? We do our best to reply to each comment. Instead of a petition for dissolution of marriage, the parties to a divorce fill out a prescribed form. If you and your spouse have been living in different places for at least 6 months, that is enough. A joint simplified divorce in Illinois allows that " [t]he parties shall use the forms, including a form for the affidavit required under Section 454, provided by the circuit court clerk, and the clerk shall submit the petition to the court." 750 ILCS 5/543 4. The court shall consider the following factors: (1) the circumstances and reasons for the intended relocation; Only for use in Lake County. You or your spouse must not be pregnant by the other spouse, or in the process of adopting a child. now! Minimize the risk of using outdated forms and eliminate rejected fillings. Have the local sheriff serve the divorce papers (note: you may need to pay a fee) Publish the notice in your local newspaper (called "service by publication"). 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