JOINT SIMPLIFIED DISSOLUTION OF MARRIAGE

• A Joint Simplified Dissolution of Marriage is a way in which you and your spouse can obtain a divorce. It is a simplified procedure that can be achieved either with the assistance of an attorney or on your own.
• Informational packets for filing a Joint Simplified Dissolution of Marriage with instructions & forms are available at the Circuit Clerk’s office located in the Kendall County Courthouse at 807 W. John St. Yorkville, IL.
• A Joint Simplified Dissolution of Marriage is not available to everyone. You must carefully read the information provided to make sure you and your spouse qualify. Also, certain documents including an agreement on the division on property must be signed by both you and your spouse. Thus, there must be some basic cooperation between the parties. To use the Joint Simplified Dissolution of Marriage procedure, the following must apply to you and your spouse.
• Irreconcilable differences have caused the irretrievable breakdown of your marriage. All efforts at reconciliation of the differences have failed and future attempts at reconciliation would not be in the best interest of you and your spouse.
• You and your spouse must have lived separate and apart for at least six months and you must be willing to waive the requirement for a two year separation before obtaining a dissolution on the grounds of irreconcilable differences.
• You must have been married less than eight (8) years and either you or your spouse (or both) must have lived in the State of Illinois for at least ninety (90) days immediately prior to the filing for the dissolution.
• No children were born to or adopted by you and your spouse during your relationship and the wife is not now pregnant.
• Your joint, annual, gross income from all sources must be less than $35,000.00 (Thirty-Five Thousand Dollars). The total value of marital property you and your spouse own, less any encumbrances (amount owned) on the property (such as the amount owned on a car loan), must be less than $10,000.00 (Ten-Thousand Dollars). Neither you nor your spouse may own any real estate.
• You and your spouse must be willing to permanently give up any right to maintenance (alimony).
• You and your spouse must have disclosed to each other all assets each of you have, and disclosed all tax returns filed during your marriage.
• You and your spouse must sign a written agreement dividing between yourselves all material assets worth more than $100.00 (One Hundred Dollars) and dividing responsibility for all debts and liabilities. You must divide the property and sign and exchange all documents (such as automobile titles, etc.) necessary to carry out the agreement before any court hearing.
• You and your spouse must waive and right you may have to a bifurcated hearing on your dissolution petition (a hearing in two parts, one to decide the issues related to the granting of the dissolution and another to decide any property or other issues).

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General Information Concerning Dissolution of Marriages

It is in the best interest of each party to consult an attorney regarding the dissolution of their marriage. The filing fee for a Dissolution of Marriage is $223.00. In order to file a Dissolution of Marriage in Kendall County either you or your spouse, or both must be a resident of Kendall County. Before a hearing on proofs is scheduled you must present to the Judicial Administrative office located in the courthouse a completed certificate of readiness form and all applicable documents, signed by the party(s). These are as follows:

1. Certificate of Dissolution
2. Supplemental Order for Child Support
3. Order of Withholding
4. Joint Parenting Agreement
5. Joint Parenting Order Proof of completion of Parenting Through Divorce Class pursuant to Kendall County Administrative Order 02-01, effective February 1, 2002.

(For more information on this program or to schedule for a class call 630-553-9686)

KENDALL COUNTY RULE REGARDING ORDERS FOR INCOME WITHHOLDING AND CHILD SUPPORT ORDERS

Pursuant to Administrative Order 99-01 signed on January 4, 1999—Any and all child support orders shall be completed in full on the forms provided by the IDPA to the office of the Kendall County Circuit Clerk and shall be presented to said Clerk’s office for approval prior to its presentment to and entry by the judge. Any notification of existing child support orders will require the completion of a new order in compliance with Section 1 of this order and shall indicate the total arrearage, if any.

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