Information on Divorce in Illinois
Illinois has two forms of divorce: joint simplified dissolution of marriage and standard dissolution of marriage, according to the Madison Country clerk of court. Most couples do not qualify for the simplified version simply because there is a specific list of qualifications that must be met. If a couple does not meet one of the requirements, they must file for a standard divorce.
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Joint Simplified Dissolution of Marriage
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Couples who qualify for joint simplified dissolution must have irreconcilable differences and have lived separately for six months. By filing for the simplified dissolution, the couple is waiving the mandatory two-year separation required for a standard divorce and giving up any rights to alimony, according to the DuPage County website. The marriage has to be less than eight years. The couple cannot have children, including adopted children. The joint income cannot be more than $35,000, and neither party can make more than $20,000 a year. The marital property cannot exceed $10,000 and real estate cannot be owned.
Standard Dissolution
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Couples who do not meet all the qualifications for the simplified dissolution must file for a standard dissolution. The court must have jurisdiction over the couple to grant a divorce or split property. One or both of the parties must have lived in Illinois for 90 days. If one of the parties lives outside the state of Illinois, the only way the court will have jurisdiction over that spouse is if the spouse has been legally served notice of the divorce, according to the Southern Illinois University School of Law. However, the court cannot order him to pay child support or pay debt if he has never lived in Illinois.
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Indigent
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A couple must pay a filing fee of $338 when the petition of dissolution is filed with the Circuit Clerk’s office, according to the Madison Country clerk of court. However, if you are unable to pay this fee, you may file an Affidavit & Application to Sue or Defend as an Indigent Person form to have the fee waived. If the court denies your request, you will have to pay the filing fee before an appointed date or risk a judgment against you. The requirement to qualify as an indigent is based on annual income. A family of one can make only $13,000, while a family of eight can make $44,400 a year. If you do not fall within the money amount allotted for the size family you have, you will be denied.
Special Child Custody Rule
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According to the Southern Illinois University School of Law, if a couple’s child or children have not lived in Illinois for six months, the court cannot grant either party custody. A couple can still get the divorce, but custody will not be awarded.
Serving
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Whether a spouse lives inside or outside the state of Illinois, the divorcing spouse must legally serve the other party with divorce papers, according to the Southern Illinois University School of Law. If the spouse agrees to the terms of the petition, he can sign a Entry of Appearance, Waiver and Consent form; this will waive the 30-day waiting period mandated by the state. However, if he does not sign the form, the divorcing spouse will have to wait 30 days to see if he files a response. If he does not file within 30 days, the divorcing spouse is free to request a hearing date. At the hearing, the judge will listen to the divorcing spouse's testimony and the court will make decisions regarding marital property, alimony and child custody.
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References
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