Joint Simplified Dissolution in Illinois: Requirements and Process

The Joint Simplified Dissolution is often the fastest way to end a marriage in Illinois. Both spouses file together and attend a single, typically brief prove-up hearing; local filing and hearing schedules determine when the decree is entered. The trade-off: the eligibility requirements are strict, and failing to meet even one disqualifies you entirely.

Eligibility Requirements (All Must Be Met)

Under 750 ILCS 5/452, you qualify only if every condition is satisfied:

• No minor children — no children were born to or adopted by the couple during the marriage, and the wife is not pregnant by the husband to her knowledge
• Marriage duration of 8 years or less
• Illinois residency or military presence — at least one spouse meets the Section 401 requirement
• No real estate — neither spouse has an interest in real property (homes, land, condos)
• Retirement benefits — none, unless held exclusively in IRAs with a combined value under $10,000
• Total marital property less than $50,000 after encumbrances — exactly $50,000 is not eligible; this includes vehicles, bank accounts, furniture, and other marital assets
• Income below the statutory thresholds — combined gross annualized income is less than $60,000, and neither spouse's gross annualized income exceeds $30,000
• No maintenance claims — neither spouse is seeking alimony from the other
• Support — neither spouse is dependent on the other, or each is willing to waive the right to support; both spouses waive maintenance
• Disclosures and written agreements — both spouses disclose all assets, liabilities, and tax returns for all years of the marriage, then sign agreements dividing assets over $100, allocating debts and liabilities, and allocating ownership and responsibility for companion animals
• Irreconcilable differences — both spouses agree the marriage has irretrievably broken down and reconciliation is not possible

Fail one requirement — a shared condo, a child, a marriage that started nine years ago — and you must use the standard uncontested or contested track instead.

How the Process Works

Step 1: Both spouses prepare the paperwork together. Unlike a standard dissolution where one spouse files against the other, the simplified track is a joint filing. You both complete and sign:

• Joint Petition for Simplified Dissolution of Marriage
• Written agreements allocating assets over $100, debts and liabilities, and companion animals
• Certificate of Dissolution of Marriage

Both spouses must also disclose all assets, liabilities, and tax returns for all years of the marriage.

Step 2: E-file through Odyssey. Both spouses submit the documents through Odyssey eFileIL. The filing fee ($300 to $400 depending on county) can be split between both parties. Fee waivers are available for income-eligible filers.

Step 3: Attend the prove-up hearing. Both spouses must appear before the judge (some circuits offer Zoom or WebEx, subject to local rules) and testify under oath that they meet all eligibility requirements, that the agreement is voluntary, and that neither seeks maintenance. The judge reviews the written agreements and, if satisfied, enters the final decree on the spot.

What You Cannot Do With a Simplified Dissolution

The simplified track does not address parenting (because children disqualify the case), maintenance, or complex property division. There is no discovery phase or room for negotiating disputed terms; the required disclosures and written agreements must be completed before filing.

If either spouse changes their mind about any term between filing and the hearing, the simplified petition is dismissed and you start over with a standard dissolution.

When Standard Uncontested Is the Better Path

Most Illinois couples do not qualify for simplified dissolution. The $50,000 combined asset limit alone excludes anyone with meaningful retirement savings, a car worth more than mid-range, or any equity in a home. The no-children requirement eliminates a large share of divorcing couples.

The standard uncontested dissolution has no income cap, no property limit, and no restriction on children. It takes longer (typically 2 to 4 months); the simplified track may be faster, depending on local filing and hearing schedules, but the standard path handles the cases the simplified track cannot.

Filing Either Way

Whether you qualify for the simplified track or need the standard uncontested path, the Illinois Divorce Filing Process Guide covers both sequences — including the exact Odyssey e-filing steps, document checklists, and prove-up hearing preparation for each track.

See more Illinois guides →