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Can my husband and I get a quick divorce in Illinois?

Can my husband and I get a quick divorce in Illinois?

Q: What is considered a short-term marriage in Illinois?

A short-term marriage in Illinois is typically considered to be one that lasts less than five years. In such cases, the court may take into account the duration of the marriage when determining property division and spousal support, often resulting in a simpler and more straightforward division of assets.

Full question:

My husband and I have been married for 3 years and are settled in Illinois. With the passage of time, our rapport with each other reduced drastically and were no longer happy in the marriage. Both of us agree that it would be ideal for us to separate and depart from each other’s lives once and for all. Both of us are workaholics and we agree that going through a divorce procedure would take a toll on our schedules. I do not expect any alimony or any spousal benefit out this divorce since I earn enough to be independent. Is there a way to get a divorce other than the time-consuming court procedure since we are not looking forward to fighting it out? We just wish to part our ways peacefully and dissolve the marriage.

Category: Divorce
Subcategory: Separation Agreements
Date: 04/07/2025
State: Illinois

Answer:

In Illinois, you can pursue a divorce through a marital settlement agreement, which allows you to resolve issues amicably. According to 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 502, you can create a written agreement covering property division, maintenance, and child support. This agreement must be approved by the court, but it promotes a peaceful separation.

Additionally, Illinois offers a 'Joint Simplified Dissolution' procedure under 750 Illinois Compiled Statutes Annotated; Chapter 5, Section 452. This option is available if you meet specific criteria, including:

Neither party is dependent on the other for support.
At least one party meets the residency requirement.
No children were born or adopted during the marriage.
The marriage lasted less than eight years.
Neither party has significant real property or retirement benefits.
The total fair market value of marital property is less than $50,000.
Combined gross income is below $60,000.
Both parties have disclosed all assets and liabilities.
A written agreement dividing assets and debts has been executed.

If you meet these conditions, you can file a joint petition for a simplified divorce, making the process less time-consuming and easier to manage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long do you have to be married in Illinois to get half?

In Illinois, there is no specific duration of marriage required to qualify for a 50/50 division of marital property. However, the division is based on equitable distribution, meaning the court will consider various factors, including the length of the marriage, contributions of each spouse, and economic circumstances. Generally, if the marriage lasted longer, the division may lean more towards equal sharing.

What is considered a short-term marriage in Illinois?

What is a wife entitled to after 10 years of marriage in Illinois?

After 10 years of marriage in Illinois, a wife may be entitled to an equitable share of marital property, which can include assets acquired during the marriage. Additionally, she may seek spousal support if she can demonstrate a need for financial assistance. The court will consider factors like the length of the marriage and each spouse's financial situation.

How much is a wife entitled to in a divorce in Illinois?

In Illinois, a wife's entitlement in a divorce depends on the equitable distribution of marital property. This means she may receive a fair share of assets acquired during the marriage, but not necessarily half. Factors such as the length of the marriage, contributions to the marriage, and financial circumstances will influence the final division.

How long do you have to be married in Illinois to get half of everything?

In Illinois, there is no minimum duration of marriage required to receive half of everything. The division of marital property is based on equitable distribution, which considers various factors, including the length of the marriage and contributions made by each spouse. However, longer marriages may lead to a more equal division.

How long do you have to be married to receive spouse's pension in Illinois?

In Illinois, there is no specific duration of marriage required to claim a share of a spouse's pension. However, the pension benefits earned during the marriage are typically considered marital property and subject to division during divorce. The court will evaluate the length of the marriage and the contributions made by each spouse.