A simplified divorce in Illinois, formally called a Joint Simplified Dissolution of Marriage, lets a couple end a short, childless marriage in a single court hearing if they agree on everything and meet strict limits on income, property, and retirement assets. The eligibility rules under 750 ILCS 5/452 are all-or-nothing: miss one condition and you’ll need to file a standard dissolution instead.
Who Qualifies
You and your spouse must meet every one of the following at the time you file:
- Your marriage has lasted no more than eight years.
- No children were born to or adopted by either of you during the marriage, and the wife is not currently pregnant.
- At least one spouse has lived in Illinois, or been stationed here with the armed services, for at least 90 days before filing.
- Neither spouse earns more than $30,000 per year in gross income, and your combined gross income is below $60,000.
- The total fair market value of all marital property, minus debts, is less than $50,000.
- Neither spouse owns any interest in real property.
- Neither spouse has any retirement benefits, unless those benefits are held exclusively in individual retirement accounts and the combined value of all such IRAs is less than $10,000.
- Neither spouse depends on the other for financial support, and both agree to permanently waive any right to maintenance.
The retirement rule is where most couples get knocked out. A 401(k), a pension, or any employer-sponsored plan disqualifies you regardless of the balance. Only IRAs qualify for the exception, and only if the combined value stays under $10,000.1Illinois General Assembly. 750 ILCS 5/452 – Petition
The Six-Month Separation
The petition requires that the conditions for irreconcilable differences under Section 401 have been met. The straightforward way to satisfy this is for both spouses to have lived separate and apart for a continuous period of at least six months before the court enters judgment. That separation creates an irrebuttable presumption that the marriage has irretrievably broken down.2Illinois General Assembly. 750 ILCS 5/401 – Dissolution of Marriage The court forms for simplified dissolution assume this six-month separation, so plan on meeting it.
What You Must Agree On Before Filing
Section 453 directs both parties to use the standardized forms provided by the circuit court clerk.3Illinois General Assembly. 750 ILCS 5/453 – Procedure; Judgment Approved forms are available through the Illinois Courts website or your local Circuit Clerk’s office.4Office of the Illinois Courts. Divorce, Child Support, and Maintenance Expect to supply full legal names, addresses, the date and place of your marriage, your separation date, and financial details like account numbers, debts, and vehicle identification numbers for jointly owned cars.
Three substantive things must be done before you file:
- Full financial disclosure. You and your spouse must have shared all assets, all liabilities, and your tax returns for every year of the marriage.
- A signed written property agreement dividing all assets reasonably worth more than $100 and assigning responsibility for every debt.
- A separate written agreement allocating ownership and responsibility for any companion animals.
You don’t need to catalog every coffee mug. Anything reasonably worth more than $100 does need to be accounted for in the agreement.1Illinois General Assembly. 750 ILCS 5/452 – Petition
Prepare the Judgment for Dissolution of Marriage form in advance too, since the judge will review and sign it at the hearing if everything checks out.
Filing and the Hearing
Both parties sign the Joint Petition and the Joint Affidavit in front of a notary before filing. The Judgment form needs both spouses’ signatures but typically does not require notarization.5Fourth Judicial Circuit Court of Illinois. Simplified Divorce Take the completed paperwork to your county’s Circuit Clerk to file.
A filing fee is due at submission. The amount varies by county, so check with your clerk in advance. If you can’t afford the fee, submit an Application for Waiver of Court Fees. You automatically qualify for a full waiver if you currently receive certain public benefits such as SNAP, TANF, or SSI. Otherwise, you can apply based on financial hardship using information about your income, expenses, and assets.
Once the clerk processes your petition, you’ll be given a hearing date. Both spouses must appear in court together. If one of you doesn’t show, the case won’t proceed.69th Judicial Circuit of Illinois. Form 575 Joint Simplified Dissolution Instructions
The hearing is brief. The judge reviews your petition, confirms you meet every eligibility requirement, and examines your property division agreement to make sure it isn’t unconscionable. You’ll also submit an affidavit signed by both of you, confirming that all property has actually been divided according to your written agreement and that you’ve signed whatever documents were needed to carry it out.7Justia Law. Illinois Code 750 ILCS 5 Part IV-A – Joint Simplified Dissolution Procedure If everything is in order, the judge signs the Judgment for Dissolution of Marriage on the spot. Your marriage is legally over as of that date. Pick up certified copies from the clerk’s office afterward; you’ll need them to update identification, bank accounts, and other records.
If You Don’t Qualify
Plenty of couples agree on everything but can’t fit through the simplified requirements. A nine-year marriage, a spouse earning $35,000, a 401(k) in the picture — any one of those closes the door. None of it forces you into a contested divorce.
Illinois allows any couple who agrees on all major issues to file a standard uncontested dissolution. You file a regular petition, submit a marital settlement agreement covering property division, and if you have children, include a joint parenting plan. There are no caps on income, property value, or marriage duration. The process takes longer and involves more paperwork than the simplified route, but it avoids litigation entirely and reaches the same result when you and your spouse are aligned.