Illinois Divorce: The Joint Simplified Dissolution of Marriage Procedure

In Illinois, the law sets out a simplified divorce procedure for some childless couples with few assets and modest income. This streamlined process allows eligible spouses to legally divorce relatively easily and quickly.

Because this type of simple divorce does require the parties to give up significant legal rights, it is a good idea for anyone contemplating using this procedure to first discuss it with a family law attorney to be sure the simplified process is a smart choice under the particular circumstances of the marriage in question.

Here are the main requirements for a simplified dissolution as laid out by Illinois divorce law:

• The right to spousal support, also called alimony or spousal maintenance, must be waived by each party, and each must understand that talking to a lawyer might help him or her understand if he or she would be otherwise eligible for that support.
• At least one of the spouses must have lived in or been stationed in the military in Illinois for at least 90 days.
• "Irreconcilable differences" must have caused an "irretrievable breakdown" of the marriage, and attempts to reconcile must have failed, would not work or are not in the couple's best interest.
• The spouses must have lived apart for at least six months.
• The couple can have no biological children, cannot have adopted children during the marriage and the wife cannot think she is pregnant by the husband.
• The marriage must have last no more than eight years.
• Neither spouse may own or have a legal interest in any real estate.
• The fair market value of all cumulative marital property, after deducting debt owed on that property, must be under $10,000 in total.
• Neither party may make more than $20,000 yearly nor may the couple make more than $35,000 in combination.
• Assets and tax returns for all years of the marriage must have been disclosed to each other.
• The spouses must agree in writing how they will divide assets worth more than $100 and how they will divide all debts.

The court will handle the case "expeditiously", including holding a hearing at which the parties may be required to testify. The judge will grant the simplified divorce as long as all the eligibility and certification requirements are met, and he or she does not find the agreement "unconscionable," meaning grossly unfair to one of the parties.

Dos and Don’ts During a Divorce

Dos and Don’ts During a Divorce

Divorce can be an intense and taxing process for the spouses involved and their families. Not only will a family be divided, but so too will all of their assets. While the emotion of the situation can overcome logic, there are a few things those getting divorced should focus on doing to ensure their emotions do not jeopardize their financial stake in the separation.

The sometimes lengthy period between the time a divorce petition is filed and the divorce is finalized is the time when everyone should be on their best behavior. The opposing spouse is almost always watching and waiting for something to use against the other in asset division, alimony, child support or child custody decisions.

Stay Put

The whole point of a divorce is for spouses to get away from each other, but maintaining two separate households is about twice as expensive as maintaining one. If couples continue living together, they should establish strict boundaries. Basic etiquette and respect for others is essential for an already stressful situation to work. As part of that, keeping new relationships away from the shared house is critical while the wounds of a failed relationship are still fresh.

Spouses sometimes try to egg on the other to make disparaging remarks to use against them later on. One spouse may even be secretly recording conversations hoping for the other to say something damaging. Unfortunately, statements or actions viewed as "threatening" by a judge could lead to a restraining order that might include removing the spouse from house.

Keep Everything Out in the Open

It is highly common for one spouse or both to attempt to hide marital assets so they cannot equally or equitably be divided between them and the other spouse in the divorce settlement. The first problem is that hiding assets is illegal and unethical. The second is that when someone is caught doing so, he or she loses all credibility with the court. That can have a financially devastating effect on a judge's decision of how to divide assets and assess alimony and/or child support payments.

Keep a Low Profile

Popular social media websites such as Facebook and Twitter can be a real headache for divorcing spouses. One may quickly regret status updates or photos of wild nights out or an expensive vacation with the new romantic interest when it comes to alimony, child support and child custody hearings. For those who cannot resist the urge to post, update or tweet, stringent privacy settings are crucial.

In that same vein, while it is important to move on emotionally from a broken marriage, timing is critical. Wait to relish in newfound freedom until after the ink on the divorce papers is dry. Expensive purchases can affect alimony awards and rebound relationships can convey instability when it comes to child custody. Keeping a low profile will pay off in the end.

If you are contemplating a divorce, contact an experienced family law attorney to discuss your situation and the best way to approach the many upcoming changes that necessarily accompany the end of a marriage.

Getting Your Financial House in Order During a Divorce

Most people get married and believe it will last until death. Yet, with almost half of American marriages ending in divorce, we have to accept that marriages often end. While there are many painful and devastating effects of divorce, one of the most devastating is the havoc divorce can cause on one's finances.

Unless a couple has a prenuptial or postnuptial agreement, it is most likely that their financial assets, investments and property have been commingled and need to be divided. During the divorce proceedings, a few financial matters should be reviewed and considered:

• Income levels of each spouse. This is important to determine any spousal support and/or child support, if relevant.

• All debt including credit card debts, mortgages, taxes and any outstanding loans. The parties need to decide whom the debt belongs to, how it may be divided and how it needs to be paid off. In regards to the mortgage, if either party decides to stay in the family home, then he or she will likely have to buy out the other spouse. If neither party wants to stay in the home, then they may sell the home and divide the proceeds, if any.

• Health Insurance. If spouses were both covered under one spouse's plan, the other spouse may be eligible for coverage under federal COBRA laws. In any event, there should be a discussion of how to pay for any past medical bills and who will stay on the spouse's health insurance, including any minor children.

• Wills/Estate planning. Each spouse will need to make new wills and change the beneficiaries of their wills and any other estate planning document.

• Financial accounts, Insurance and Investments: Presumably, spouses will divide these assets during the divorce. Each joint account should be closed and each person should open separate accounts. An ex-spouse may still be entitled to benefit or proceeds of investment and retirement accounts.

In addition to the above, newly divorced individuals should obtain at least one new credit card, to establish credit in their own names, and get a copy of their credit reports.

People getting a divorce will be dealing with a myriad of issues in addition to trying to move forward in life. Understanding and organizing one's financial matters should be one less thing to worry about. If you are considering a divorce, contact an experienced attorney who can advise you on the best way to proceed.

Divorce Has Both Short and Long-Term Financial Consequences

Divorces wreak havoc. Families are split, houses are sold, debts mount and children can be caught in the middle. Most people realize the practical effects of a divorce (i.e., that one party will move from the marital home and have a new residence, marital property will be split), but aren't necessarily aware of the financial consequences.

Why Does Divorce Matter Financially?

Divorces don't just affect a couple's finances by splitting one household into two, though that impact will be felt early on in the process. The process involved in establishing another residence is tedious and costly. There are now twice as many rent or mortgage payments to consider as well as double the utility costs. For most people, particularly in our still-struggling economy, the short-term financial hardship of divorce is a huge added expense.

Unfortunately, though, the financial effects of divorce go far beyond short-term household cost increases. Many people don't realize that one of the "side effects" of a divorce is a lowered credit score, which can affect everything from your ability to buy a new home in the future and even prevent you from financing your child's (or your own) higher education.

Credit ratings can take a hit in a divorce because lenders are now considering the parties as individuals instead of as part of a family unit when contemplating new credit awards. Essentially, if the parties had joint bank, credit card and mortgage accounts in the past, lenders now hold each individual consumer liable for the entirety of those accounts. Most people don't think of this as a possibility because they assume their former spouse will make the payments; after all, the court did order the debt to be paid. Having the same amount of debt with a smaller income ratio will result in a lower credit score if any of the accounts should need to be refinanced or transferred.

For example, let's assume that Bob and Meg have a joint credit card. As part of the divorce decree, the judge orders Bob to pay the balance on that card. Bob loses his job and is unable to make the payments, so his credit rating will take a hit. In addition, though, the lender will still hold Meg responsible for the payment of the bill, meaning she can face collection actions or litigation and can expect a noticeable drop in her own credit score if payments are made late. If, however, Meg had her name removed from the account prior to it becoming past due or in need of collection, she is no longer on the hook.

No matter how you look at it, a divorce has the potential to wreck a person's finances for years to come. Taking steps early on in the process - including working with a skilled family law and divorce attorney from the start - can go a long way toward limiting the reach of financial ramifications.