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90_HB1612
750 ILCS 5/452
Amends the Illinois Marriage and Dissolution of Marriage
Act. Changes some of the requirements that must be met by
parties seeking a joint simplified dissolution. Requires
that the duration of the marriage does not exceed 5 (rather
than 8) years, that the total fair market value of all
marital property after deducting all encumbrances is less
than $10,000 (rather than $5,000), and that the parties'
combined gross annualized income is less than $35,000 (rather
than $25,000). Adds a requirement that neither party has a
gross annualized income in excess of $20,000.
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 452.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 452 as follows:
7 (750 ILCS 5/452)
8 Sec. 452. Petition. The parties to a dissolution
9 proceeding may file a joint petition for simplified
10 dissolution if they certify that all of the following
11 conditions exist when the proceeding is commenced:
12 (a) Neither party is dependent on the other party
13 for support or each party is willing to waive the right
14 to support; and the parties understand that consultation
15 with attorneys may help them determine eligibility for
16 spousal support.
17 (b) Either party has met the residency requirement
18 of Section 401 of this Act.
19 (c) Irreconcilable differences have caused the
20 irretrievable breakdown of the marriage and the parties
21 have been separated 6 months or more and efforts at
22 reconciliation have failed or future attempts at
23 reconciliation would be impracticable and not in the best
24 interests of the family.
25 (d) No children were born of the relationship of
26 the parties or adopted by the parties during the
27 marriage, and the wife, to her knowledge, is not pregnant
28 by the husband.
29 (e) The duration of the marriage does not exceed 8
30 5 years.
31 (f) Neither party has any interest in real
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1 property.
2 (g) The parties waive any rights to maintenance.
3 (h) The total fair market value of all marital
4 property, after deducting all encumbrances, is less than
5 $10,000, $5,000 and the combined gross annualized income
6 from all sources is less than $35,000, and neither party
7 has a gross annualized income from all sources in excess
8 of $20,000 $25,000.
9 (i) The parties have disclosed to each other all
10 assets and their tax returns for all years of the
11 marriage.
12 (j) The parties have executed a written agreement
13 dividing all assets in excess of $100 in value and
14 allocating responsibility for debts and liabilities
15 between the parties.
16 (Source: P.A. 88-39.)