Requirements for Filing Petition for Joint Simplified Dissolution of Marriage in Illinois

The Illinois Marriage and Dissolution of Marriage Act provides for a simplified and expedited divorce procedure if the parties meet the basic requirements that are set forth in Chapter 750, Section 452 of the Illinois Statutes. Among other requirements, the parties must certify that: (a) they were not married for more than eight (8) years; (b) one of the parties has resided in Illinois for at least 90 days; (c) irreconcilable differences caused the breakdown of the marriage; (d) the parties executed a written agreement for the division of assets that have a value of more than $100.00; and (e) neither party has an annual income of more than $20,000.00.

The exact language of the statute is as follows:

750 ILCS 5/452

Sec. 452. Petition. The parties to a dissolution proceeding may file a joint petition for simplified dissolution if they certify that all of the following conditions exist when the proceeding is commenced:

1. Neither party is dependent on the other party for support or each party is willing to waive the right to support; and the parties understand that consultation with attorneys may help them determine eligibility for spousal support.
2. Either party has met the residency requirement of Section 401 of this Act.
3. Irreconcilable differences have caused the irretrievable breakdown of the marriage and the parties have been separated 6 months or more and efforts at reconciliation have failed or future attempts at reconciliation would be impracticable and not in the best interests of the family.
4. No children were born of the relationship of the parties or adopted by the parties during the marriage, and the wife, to her knowledge, is not pregnant by the husband.
5. The duration of the marriage does not exceed 8 years.
6. Neither party has any interest in real property.
7. The parties waive any rights to maintenance.
8. The total fair market value of all marital property, after deducting all encumbrances, is less than $10,000, the combined gross annualized income from all sources is less than $35,000, and neither party has a gross annualized income from all sources in excess of $20,000.
9. The parties have disclosed to each other all assets and their tax returns for all years of the marriage.
10. 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.