Legal Question in Family Law in Illinois

Re: Divorcing an incarcerated spouse

Illinois law provides a method for a joint simplified divorce. To qualify, the parties must have been married under 8 years, have no children, own no real estate, have no more than $10,000 in marital property (at fair market value), have a combined annual net income under $35,000 with each having a net income under $20,000, be non-dependent on one another (or alimony waived), and must enter into an agreement dividing property (having a value over $100) and dividing debts.

If you qualify for such a simplified divorce, you can commonly obtain forms from the Circuit Court Clerk in your county of residence. These forms might also be available on-line � for example, the Circuit Clerk of the Eighteenth Judicial Circuit (DuPage County) has such forms available at http://www.dupageco.org/courtclerk/index.html (choose �On-line Court Forms�).

The problem here, of course, is that your spouse might not agree to a divorce, and the joint simplified divorce procedure is not available unless both parties agree. Assuming he will not go along, you�ll need to file for a regular divorce. In Illinois, conviction of a felony is grounds for dissolution.

If you have nothing at stake (i.e., children, property, income, alimony, etc.) you might be able to file and proceed on your own in a divorce. If you have meaningful contested issues, getting a lawyer would be the better course to take. If you have children, I advise against going forward without legal help. Custody of minor children is one of the more serious and difficult matters of law, a field that requires capable conscientious counsel. I am confident there are many very skilled attorneys in your area who can meet your needs.

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