Legal Question in Family Law in Illinois

Re: Salary cap on using simplified dissolution of marriage

I can�t say why the legislature decided to do this.

Illinois law (750 ILCS 5/451, et seq.) permits people to file for a �Joint Simplified Divorce� if all the following conditions exist when the proceeding is commenced:

�(a) Neither party is dependent on the other party for support or each party is willing to waive the right to support . .

(b) Either party has met the residency requirement of Section 401 of this Act [750 ILCS 5/401].

(c) 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.

(d) 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.

(e) The duration of the marriage does not exceed 8 years.

(f) Neither party has any interest in real property.

(g) The parties waive any rights to maintenance.

(h) 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.

(i) The parties have disclosed to each other all assets and their tax returns for all years of the marriage.

(j) 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.�

Even if you don�t qualify because your annual earnings were too high, you should be able (assuming you agree on everything) to have your divorce handled by a lawyer for a modest cost.

Re: Salary cap on using simplified dissolution of marriage

I guess there has to be a cut off in the legislation for different issues. However, if you agree on everything, it makes a lawyer's job a heck of a lot easier and costs you a lot less money than if it were contested.