Divorce rules in Illinois
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Divorce rules in Illinois
| Wed, 10-17-2007 - 7:03pm |
Anyone know what the laws are in Illinois regarding divorce? Do we have to be legally separated before we can file and if so how long? We have no children and so far have agreed on how to divide up our things. Another question I had is about our finances. All the credit cards are in my name alone but obviously the debt was incurred by both of us. I know he isn't planning on paying me back so my question would be, is he legally required to? I was also wondering about filing for divorce online without a lawyer since I can't afford one. I'd appreciate any advice.
I know at some point I'm going to have to consult a lawyer but I thought I'd try to get some advice from someone who's already been through it.
Thanks

Lily,
I was divorced in Illinois some 10 years ago. As I recall, Illinois is a "community property" state and there is no minimum waiting period to file. Since you don't have children it may be pretty simple.
In regards to "community property" what that basically means is you agree to an equitable division of debts and assets. Equitable does not mean 50/50. It means you agree to divide your debts and assets in a way you both agree. I do not know if you can force your STBX to assume his share of charge card debt. You may be able to make other arrangements to offset the debt, such as him agreeing to give you greater equity in a home or proceeds from the sale of a jointly owned vehicle etc.
You'll need to check with your local county courthouse regarding whether you can file for your own divorce. At the time of my divorce (1997) I lived in a county where only attorneys could present checks to the clerk of the court. (Thereby pretty much forcing anyone who had a legal issue to hire a lawyer). But, you'd be wise to speak with the clerk's office to find out what you can and can't do for yourself.
You'll still need to go before a judge to finalize the divorce whether or not you file online. So be prepared to spend some money on a laywer, if only to be sure you have protected your interests.
Good luck,
CL-Wisdomtooth2020
Hi there.
Hi,
My husband and I are also still living together for financial reasons. It's such a stressful, awkward, uncomfortable