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Is a simplified divorce possible in Waukegan?

On Behalf of | Dec 19, 2021 | Firm News |

The first reaction to the mentioning of a Waukegan divorce is that it is a long, drawn out court battle with allegations coming from both sides, emotions running hot and the divorce legal issues taking a long time to get through. Although that is the prevailing perception — that the end of a marriage must be difficult — some couples simply choose to part ways and are able to do so amicably. It is with this in mind that these couples may consider a simplified divorce.

It is, of course, advisable that any couple considering divorce make certain that it is what they want. Counseling can be a method to help couples make this important decision. They must also understand that if they choose to use the simplified version of divorce, they are bound by the final judgment. The Judgment for Dissolution of Marriage will permanently adjudicate the financial rights from a marriage. This includes property in the spouse’s name and the support payments, if any.

Those who are considering a simplified divorce must meet a number of requirements. There must be irreconcilable differences in the marriage that cannot be repaired. In addition, the couple must have lived separately for a minimum of six months and they need to be willing to waive the legal requirement that there be a two-year separation prior to a divorce due to irreconcilable differences. It is also a requirement that the marriage must have lasted less than eight years and the couple must have been residents of the state for a minimum of 90 days before filing. In addition, there must be no children born or adopted by either spouse and the wife must not be expecting. Furthermore, the combined income must be less than $35,000 and property must be valued at less than $10,000 minus encumbrances. Finally the spouses must be willing to forego maintenance, all assets must have been disclosed, the spouses must waive rights for a two-part hearing and the spouses must be in court for the simplified divorce.

Divorce is not something to take lightly, but if the above-listed factors are in place and a couple is just trying to get the situation over with, then a simplified divorce might be a viable option. Discussing the matter with a legal professional can provide more information and advice to help to determine whether this is the right choice.