Illinois Compiled Statutes 750 ILCS 5/452 – Petition
Current as of: 2024 | Check for updates
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The parties to a dissolution proceeding may file a joint petition for simplified dissolution if they certify that all of the following conditions exist when the proceeding is commenced:
(a) Neither party is dependent on the other party for
(a) Neither party is dependent on the other party for
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support or each party is willing to waive the right to support; and the parties understand that consultation with attorneys may help them determine eligibility for spousal support.
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(b) Either party has met the residency or military
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presence requirement of Section 401 of this Act.
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(c) The requirements of Section 401 regarding proof
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of irreconcilable differences have been met.
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(d) No children were born of the relationship of the
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parties or adopted by the parties during the marriage, and the wife, to her knowledge, is not pregnant by the husband.
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(e) The duration of the marriage does not exceed 8
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years.
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(f) Neither party has any interest in real property
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or retirement benefits unless the retirement benefits are exclusively held in individual retirement accounts and the combined value of the accounts is less than $10,000.
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(g) The parties waive any rights to maintenance.
(h) The total fair market value of all marital
Terms Used In Illinois Compiled Statutes 750 ILCS 5/452
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Dependent: A person dependent for support upon another.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
(h) The total fair market value of all marital
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property, after deducting all encumbrances, is less than $50,000, the combined gross annualized income from all sources is less than $60,000, and neither party has a gross annualized income from all sources in excess of $30,000.
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(i) The parties have disclosed to each other all
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assets and liabilities and their tax returns for all years of the marriage.
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(j) The parties have executed a written agreement
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dividing all assets in excess of $100 in value and allocating responsibility for debts and liabilities between the parties.
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(k) The parties have executed a written agreement
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allocating ownership of and responsibility for any companion animals owned by the parties. As used in this Section, “companion animal” does not include a service animal as defined in § 2.01c of the Humane Care for Animals Act.
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