A Cheap and Simple Way to be Divorced:
If you and your spouse have limited assets, limited income, no children, and you agree about the divorce, consider an inexpensive do-it-yourself divorce available in Illinois. But make sure you meet the qualifications.
Is there an inexpensive and simple way to be divorced?
Yes. Illinois law provides for a do-it-yourself-divorce forms available for the short-term, no children, limited-assets-and-income marriages. The Illinois Divorce Act has a “Joint Simplified Dissolution (of marriage) Procedure.” Cook County has forms for this purpose.
Who is eligible for the do-it-yourself divorce?
The following conditions must apply:
- Neither party seeks maintenance (alimony).
- No children.
- You and your spouse meet the requirements regarding no-fault divorce.
- Your marriage has lasted less than eight years.
- Neither party owns real estate or retirement benefits—unless those retirement benefits only in IRAs with a combined value of less than $10,000.
- The law contains limits on the value of marital property as well as the parties’ incomes.
Do I need a lawyer if my case does not fit into the “Joint Simplified Dissolution Procedure”?
Yes. If you have children and have significant debts or assets, while you could represent yourself, lawyers and judges often see disastrous consequences. A parallel–even a physician would not perform surgery on himself.
To save money, can a husband and wife have the same divorce lawyer?
No. In cases that you’ve heard that the parties used one lawyer, a close look shows that the lawyer only represented one of the parties. It’s Biblical and true: “No one can serve two masters.”
If my spouse has a lawyer, do I have to have a lawyer too?
No. Sometimes the parties have agreed to the basic terms of the divorce between themselves. But the agreement needs to be drafted. So, one party hires the lawyer to draft a marital settlement (divorce) agreement. Good divorce lawyers draft their agreements in plain English (no legalese). The spouse merely hires a lawyer to review the agreement.
How can I employ a lawyer/law firm and keep the costs down?
You reduce fees by agreeing to the divorce terms. A lawyer, in an initial consultation, will provide recommendations. Equipped with that advice, if you and your spouse agree to the terms, you can then get a simple and inexpensive Illinois divorce.
Some cases involve straightforward assets and incomes, and the parties agree to how to allocate parenting time. The Gitlin Law Firm has found that using a paralegal in a simple-asset, simple-income case, leads to a savings of about 50% in the delivery of professional services.
