Can I Get a Joint Simplified Divorce in Illinois if I Have Kids?

 Posted on June 05, 2025 in Divorce

Illinois allows certain spouses to end their marriage through a faster, less expensive process known as a joint simplified dissolution of marriage. This option is designed for couples without children or complex financial issues who are largely in agreement about how to divide their property. 

As of June 2025, the process remains available under Section 452 of the Illinois Marriage and Dissolution of Marriage Act, but only if you do not have kids. If you do not have children and want to avoid a drawn-out divorce, you may be able to use this procedure — but you must meet all the other requirements as well. Talk to our St. Charles, IL simplified divorce lawyer to learn more. 

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

You can only use the joint simplified process if both spouses agree and meet all of the following conditions:

• You have no children together and neither spouse is currently pregnant.

• You have been married for less than eight years.

• At least one spouse has lived in Illinois for at least 90 days before filing.

• Neither spouse owns any real estate.

• Your combined gross annual income is less than $60,000, and neither spouse earns more than $30,000 individually.

• You do not have retirement benefits that need to be divided, except for IRAs with balances under $10,000 each.

• You agree on how to divide your assets and debts and have a written agreement.

• You both waive spousal support.

If you do not meet every one of these requirements, you must get a regular divorce, even if you agree with each other about most issues.

What Happens if You Qualify for a Simplified Divorce?

You and your spouse will file a joint petition with the family law court in Kane County. The petition must be accompanied by a signed agreement dividing your property and debts. You will also attend a short hearing before a judge, who will review your documents and ask basic questions to confirm that both spouses understand and consent to the terms. If everything is in order, the judge may grant the divorce at that first appearance.

Should We Get a Joint Simplified Divorce if We Don’t Have Children? 

While not having children is one important requirement, the simplified divorce process also assumes that your finances are straightforward. If you own a home, have joint investments, or one of you earns much more than the other, the court may require a more formal process to ensure fairness.

Do You Need a Lawyer for a Simplified Divorce? 

Even couples who qualify for a simplified divorce sometimes benefit from legal guidance. A lawyer can review your financial agreement, help draft the petition, and confirm that your plan complies with Illinois law. 

A firm that focuses on compromise and mediation can help smooth out disagreements before they turn into major legal battles and make the overall divorce process go more quickly. If you and your spouse disagree about a debt or asset, you may be able to resolve it through mediated discussion rather than litigation. However, if negotiation fails, the same attorney can prepare for trial and present your case in court.

Contact a St. Charles, IL Divorce Attorney

If you do not have children and are hoping for a quicker, more affordable divorce, the joint simplified process may be a good fit. A Kane County, IL divorce lawyer can help you determine your eligibility, write up the required documents, and advocate for your interests if complications arise. Contact Shaw Sanders, P.C. at 630-584-5550 to learn more.