Simplified Divorce

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Overview

This information is being provided to you along with the necessary forms for filing a Joint Simplified Petition for Dissolution of Marriage. This type of dissolution procedure is not available to everyone. There are limitations on, among other items, the length of the marriage, the amount of property owned and income of the parties, per the Illinois Compiled Statutes (ILCS 750-Family). You should read this information carefully to see if this procedure is available to you.


To use the Joint Simplified Dissolution of Marriage procedure, all of the following must apply to you and your spouse:

  • You and your spouse BOTH agree to get a divorce.
  • You and your spouse BOTH fill out the paperwork together.
  • You and your spouse BOTH attend court.
  • You OR your spouse was an Illinois resident or was stationed in Illinois while a member of the armed services for at least 90 days before filing your petition asking for a Joint and Simplified Dissolution of Marriage.
  • The duration of the marriage does not exceed 8 years.
  • You and your spouse do NOT have any children together and have not adopted any children together.
  • You or your spouse are NOT currently pregnant.
  • You and your spouse do NOT have any interest in real property (house or land).
  • You and your spouse do NOT have any interest in retirement benefits, unless the retirement benefits are exclusively held in individual retirement accounts and the combined value of the accounts is less than $10,000.
  • Neither you nor your spouse will receive spousal support from the other.
  • The total fair market value of all property owned by you and your spouse, including pensions and after subtracting debts that you may owe, is less than $50,000.
  • You and your spouse have executed a written agreement dividing all assets that are valued over $100 and have allocated responsibility for debts and liabilities.
  • The combined gross income (before taxes) of you and your spouse is less than $60,000.
  • Your gross income (before taxes) is less than $30,000.
  • Your spouse’s gross income (before taxes) is less than $30,000.
  • You and your spouse have disclosed all assets and liabilities for all years of the marriage.
  • You and your spouse have disclosed to each other your income tax returns for all years of the marriage.


Filing Process

There are four forms which must be completed for obtaining a Joint Simplified Dissolution of Marriage. These are located on the Lake County Circuit Clerk's Joint Simplified Dissolution of Marriage page. They can also be picked up at the Circuit Clerk's office or Center for Self-Representation. There will be a filing fee for the case. Please visit the Lake County Circuit Clerk's Filing Fee page. 

 
Required Forms

  • Application for Waiver of Court Fees (optional, if applicable).
  • Joint Petition for Simplified Dissolution of Marriage and Verification of Joint Petition for Simplified Dissolution of Marriage (both parties must sign the Joint Petition in front of a Notary Public, who will complete the notary public section).
  • Joint Affidavit Regarding Separation of the Parties Division of Property and Waiver of Bifurcated Hearing and Verification of Joint Affidavit Regarding Separation of the Parties Division of Property and Waiver of Bifurcated Hearing (Both parties must sign the Joint Affidavit in front of a Notary Public, who will complete the notary public section).
  • Agreement as to Assets and Debts (both parties must sign in front of a Notary Public, who will complete the notary public section).
  • Judgment for Dissolution of Marriage (both parties must sign the Judgment).

You should file a copy of your written agreement dividing marital assets, debts and liabilities at the same time you file the petition.