Do You Qualify for an Illinois Joint Simplified Dissolution of Marriage?

 Posted on October 07, 2026 in Illinois Divorce

When people think of divorce, they often think about disputes that could take months, or even years, to get resolved. However, not every divorce has to involve a lengthy court battle.

Illinois offers a joint simplified dissolution of marriage for certain couples who meet specific requirements. If you are considering divorce in 2026, our Kane County, IL divorce attorneys can help you determine whether you qualify.

What Is a Joint Simplified Dissolution of Marriage in Illinois?

A joint simplified dissolution of marriage is a streamlined divorce process for spouses who agree to end their marriage and meet specific requirements under Illinois law. The spouses file together and must agree completely on how to resolve the issues involved in their divorce.

While a joint simplified dissolution is a type of uncontested divorce, not every uncontested divorce qualifies as one. If a couple does not meet every requirement, they can still pursue a regular divorce.

What Are the Requirements for a Joint Simplified Divorce in Illinois?

Illinois limits joint simplified dissolution to couples with specific circumstances in their divorce. Under 750 ILCS 5/452, both spouses must qualify for the process when they file.

Some of the main requirements include:

• The marriage cannot have lasted more than eight years.
• The spouses cannot have children born of their relationship or children they adopted during the marriage, and the wife cannot be pregnant by the husband.
• Neither spouse can own an interest in real estate.
• Both spouses must waive the right to maintenance.
• The spouses must meet the law's property and income limits.

At least one spouse must also meet Illinois residency requirements, and irreconcilable differences must have caused the breakdown of the marriage. The spouses must meet all of the conditions set by Illinois law in order to use the simplified process.

What Are the Income and Property Limits for a Simplified Divorce in Illinois?

Illinois law sets specific financial limits for couples seeking a joint simplified dissolution. The total fair market value of their marital property must be less than $50,000 after debts secured by that property are deducted.

The spouses must also have a combined gross annual income of less than $60,000. Neither spouse can have a gross annual income above $30,000.

Retirement benefits can also affect eligibility. Neither spouse can have an interest in retirement benefits unless those benefits are held only in individual retirement accounts. The combined value of those accounts must be less than $10,000.

Do You Have to Disclose Your Finances in an Illinois Joint Simplified Divorce?

Both spouses must fully disclose their finances even if they agree to the divorce. Illinois law requires them to disclose all assets and debts to each other, along with their tax returns for every year of the marriage.

The spouses must also have a written agreement dividing assets worth more than $100 and deciding who will be responsible for their debts. If they own a companion animal, they must have a written agreement addressing ownership and responsibility for the animal.

These requirements help ensure that the spouses have resolved their financial matters before the court grants the divorce.

How Does the Joint Simplified Dissolution Process Work in Illinois?

Both spouses file the required paperwork and must appear in court together. Under 750 ILCS 5/453, the court reviews the petition and the spouses' agreement before granting the dissolution.

At the hearing, the judge can ask the spouses questions about their marriage and agreement. The spouses must confirm that they have divided their property according to their written agreement. They also need to have completed any documents needed to carry it out. The court can then enter the divorce judgment if all requirements have been met.

Should You Talk to an Attorney in Illinois Before Filing a Simplified Divorce?

Couples who qualify for a joint simplified dissolution might think they do not need attorneys because they already agree on the divorce. However, the simplified process still affects important financial and legal rights.

For example, both spouses must waive maintenance to qualify. An attorney can explain what that waiver means and review whether the couple meets the income, property, and retirement requirements before they file.

Contact a Kane County, IL Divorce Lawyer

If you have decided to end your marriage, the attorneys at Weiler & Associates, P.C. can help you understand which divorce process best fits your situation. We can review whether you meet the requirements for a joint simplified dissolution and explain your options if you do not qualify.

To schedule a consultation, call 630-331-9110 to speak with our St. Charles, IL divorce attorneys.