Familia y seguridad

En Illinois, un divorcio se llama "dissolution of marriage." This process ends a marriage or civil union. The steps and forms involved can differ depending on whether there are children in the marriage.

To be considered a divorce without children, the spouses:

• Do not have biological or adopted children together under the age of 18;
• Are not pregnant; or
• Only have children together who are over the age of 18 and do not need financial support to attend school or due to a disability.

If there are children together under the age of 18, a spouse is pregnant, or there are adult children who need financial support to attend school or due to a disability, then the divorce must proceed as a divorce with children. Learn more about getting a divorce with children. 

The spouse who files the petition for divorce is called the "Petitioner." For simplicity, this spouse may be referred to in this content as the "filing spouse."

The spouse who did not file the petition is called the "Respondent." In this content, this person will be referred to as the "responding spouse."

In a divorce, the judge will address all the issues in ending a marriage in the final order. Esto puede incluir lo siguiente: 

• Debt: dividing debts like a mortgage, loans (credit card, car, student), and tax issues;
• Property and assets: deciding what happens to a house, cars, bank accounts, and retirement; and
• Spousal maintenance (alimony). 

A joint simplified divorce is a type of divorce that is simpler and easier to complete. There are fewer forms and court hearings involved. However, there are several requirements that all must be met in order to qualify:

• One or both spouses must have been residents of Illinois for the past 90 days.
• The marriage or civil union cannot be longer than eight years.
• The spouses must not have children together, be currently pregnant, or be in the process of adopting a child.
• Both spouses must agree to the divorce and to all its terms.
• Both spouses must agree that there are "irreconcilable differences," meaning the marriage has broken down. If the spouses have been living in different places for at least six months, that is enough.
• Each spouse individually cannot make more than $30,000 a year before taxes. Together, the spouses cannot make more than $60,000 per year before taxes.
• The spouses cannot depend on each other for financial support. Both must agree to waive the right to spousal maintenance (alimony) after the divorce.
• The spouses must show each other their tax returns for each year of the marriage and provide information about all assets and debts.
• Neither spouse can own any real estate.
• The total value of the property obtained during the marriage, minus debts, must be less than $50,000.
• Both spouses cannot jointly own any retirement benefits. The combined value of any individual retirement accounts must be less than $10,000.
• Both spouses must agree to divide all property obtained during the marriage that is worth more than $100.
• Both spouses must divide in writing all debts that were obtained during the marriage.
• Both spouses must agree in writing to divide ownership and responsibilities for any pets acquired during the marriage (excluding service animals).

Generally speaking, to get a joint simplified divorce, the spouses must complete the necessary forms and file them with the appropriate circuit court clerk. This also includes an affidavit signed by both spouses saying they have divided all of the property and signed any other documents needed to accomplish this division. There is a fee to file the forms, which varies by county. A fee waiver may be submitted if the spouses cannot afford the filing fee.

A hearing will be scheduled with a judge. Both spouses must attend this hearing. If the judge finds that the agreements between the spouses are not "unconscionable," a divorce will be granted.

For specific information, forms, and instructions, contact the circuit court where the divorce will be filed or review the court’s website:

• Condado de Cook (Formulario fácil)
• condado de lake 
• condado de will
• condado de dekalb
• condado de kendall
• Vermilion county
• condado de LaSalle
• Fourth Judicial Circuit of Illinois (Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery, and Shelby counties)
• Ninth Judicial Circuit of Illinois (Fulton, Hancock, Henderson, Knox, McDonough, and Warren counties).
• Tenth Judicial Circuit of Illinois (Marshall, Peoria, Putnam, Stark, and Tazewell counties)

If the spouses do not meet all of the eligibility requirements for a joint simplified divorce, then they must file for a regular divorce. If both spouses agree to the divorce and all the terms, then the divorce can proceed as an uncontested divorce. This process will proceed more quickly than in a contested divorce, where the spouses do not agree.

Yes. While the main divorce case is pending, one of the spouses can ask the judge for a temporary order to remain in effect until the final order is signed. The temporary order can address issues in the meantime, such as spousal maintenance (alimony) and payment of bills.

Learn more about standing orders and temporary orders.

Information and statewide forms for getting a divorce without children can be found on the Illinois Courts’ Divorce, Child Support, and Maintenance site.  Learn more about filing a divorce without children, including step-by-step instructions and forms

Spouses in a divorce can learn more about the process in Illinois, as well as get forms by looking at:

• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 - 802.
• Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/452 (joint simplified divorces)
• The Illinois Courts’ Divorce, Child Support, and Maintenance information and forms
• Illinois State Bar Association’s Your Guide to Getting a Divorce in Illinois 
• Illinois counties’ information on divorce, including Cook, Kendall, Lake, DuPage, and Will counties.

Learn more about divorce and how to file a divorce without children, including the steps and forms involved.

For simpler, less complicated cases, a lawyer may not be necessary. For instance, spouses who agree to the divorce and all the terms and who do not have children or property may be able to complete the joint simplified divorce process on their own.

However, a lawyer is recommended in situations where:

• The divorce is contested: the spouses cannot come to an agreement on major issues involving property or debt;
• Uno de los cónyuges está representado por un abogado: un cónyuge por derecho propio enfrenta una clara desventaja en un divorcio si el otro cónyuge está representado por un abogado; o
• Hay violencia doméstica involucrada en la relación.

Utilice Obtenga ayuda legal para encontrar una organización de asistencia legal gratuita o un abogado privado.