Simplified and Standard Divorce in Illinois
If you need an Illinois divorce, you can either file for simplified dissolution or standard dissolution. While anyone may file for standard dissolution, you must qualify for a simplified divorce. When you use DivorceWriter to prepare your own Illinois divorce papers, the correct documents are automatically generated based on the responses you give to our online interview, and if you change your mind for any reason, you can download the other set of forms at any time on DivorceWriter at no additional charge--completed and ready-to-file.
Illinois offers a simplified dissolution option for qualifying couples. The main benefit of simplified dissolution is that you are required to file fewer forms in your divorce case. To qualify for simplified dissolution, you and your spouse must meet all of the requirements below. If you don't, you should file a standard uncontested dissolution.
- No children were born of the relationship of the parties or adopted by the parties during the marriage.
- The wife, to her knowledge, is not pregnant by the husband.
- The duration of the marriage does not exceed eight (8) years.
- Neither party has any real estate.
- The parties waive any rights to maintenance (alimony).
- The total fair market value of all marital property, after deducting all debts owed on that property, is less than $10,000.
- The combined gross annual income from all sources is less than $35,000.
- Neither party has a gross annual income (from all sources) greater than $20,000.
- The parties have disclosed to each other all assets and their tax returns for all years of the marriage.
- Before the divorce is filed, the parties have signed a written agreement dividing all assets in excess of $100 in value and allocating responsibility for debts and liabilities between the parties. (Note: DivorceWriter will provide a written agreement called an Agreement as to Assets and Debts for the spouses to sign before the divorce is filed to meet this requirement.)
The steps to filing a simplified dissolution are:
- Both spouses sign all of the divorce papers.
- Both spouses go to the Circuit Court Clerk's office to file for divorce.
- Both spouses attend the final divorce hearing together.
You will need the following documents to file for and complete a simplified dissolution:
- Joint Petition for Simplified Dissolution of Marriage (includes two-year waiver language)
- Joint Affidavit Regarding Separation of the Parties, Division of Property, and Waiver of Bifurcated Hearing
- Agreement as to Assets and Debts
- Judgment for Dissolution of Marriage
Uncontested Dissolution (with or without Minor Children)
The steps to filing for uncontested dissolution are:
- Petitioner and Respondent sign divorce papers. (Respondent signs an Entry of Appearance, Waiver and Consent at this time so there's no need for formal service of divorce papers.)
- Petitioner files the divorce papers at the Circuit Court Clerk's office.
- Petitioner attends the final divorce hearing.
You will need the following documents to file for and complete an uncontested dissolution:
- Petition for Dissolution of Marriage
- Entry of Appearance, Waiver, and Consent
- Affidavit of Separation and Waiver of Two-Year Period
- Parenting Plan (if you have minor children together)
- Marital Settlement Agreement
- UCCJEA (if you have minor children together)
- Petitioner’s Financial Affidavit
- Respondent’s Financial Affidavit
- Judgment of Dissolution of Marriage
DivorceWriter takes all the guess work out of getting the right Illinois divorce papers for your case, and if you need to change your divorce type at any time, just log in to your account.