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In illinois do i have to be separated for 6 months before i file for divorce? law answers (203777)

People haved asked the following law querstions similar to "in illinois do i have to be separated for 6 months before i file for divorce?". If you have other legal doubts, use the box above to get answers.

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Is it possible to file for divorce based on Separation?

A:  What you heard and what reality is are two different things. First of all what jurisdiction did you two reside in? The law of that jurisdiction may apply. Second, is that jurisdiction a no-fault jurisdiction? If so, then separation or not, you would be entitled to seek a divorce due to irreconcilable differences or incompatibility (depends on jurisdiction), and would be granted a divorce regardless of whether your husband wants to sign. Finally, you could move to a no fault jurisdiction and file for a divorce there, after establishing residency, and thereafter obtain the divorce, though it would not necessarily settle the property issues....

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separation rules when filing for divorce in TX

A:  If you both agree to a divorce on grounds of irreconcilable differences and can agree to the terms of property division, if any, you could conceivably get divorced this year. Otherwise, probably not. You need to talk with a local divorce attorney. Texas doesn't have legal separation per se. However, you can file for divorce, and seek temporary orders to govern or restrict disposition of certain assets, who gets use of what property, etc. If you just got married 3 months ago, you may wish to talk to an attorney about an annulment. In effect, it is legally as if the marriage didn't take place. The devil will be in the details of...

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SHould you be legally separated before filing for/or while filing for divorce?

A:  Quote: Since the couple skipped the separation and went straight for a divorce, does the divorce proceeding ''sort of'' cover the legality of a separation? The man is still living with his wife during the divorce proceeding, yet dating another woman at the same time (my friend). At the very least, him dating another person will constitute "living seperate lives". I am not sure if your question is concerned with morality or legality. If it is concerned with morality, I will not have anything to share with you. If your friend is already filing for divorce, then the attorney should be able to answer the legal questions. The main question is, what is the preoccupation with legal...

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I''ve filed for a legal separation in the state of California ( I use to live in California 6 years ago). I am still considered a Florida resident and therefore can not file for divorce until 6 months for when I am a California resident. However, my husband has not responded to my legal separation- which was served to him. He has chosen to ignore it and send me divorce papers from the state of Florida. I am told I can try to file for a motion to quash. How do I do this in for the state of Florida?

A:  This can be a problem because filing a Petition for Legal Separation is not the same as filing a Petition for Dissolution of Marriage. If your husband is filing a separate action however in Florida where you are still considered a resident, then he has the right to file said action in Florida as both of you are residents there. If, however, you have standing in California to file your action for legal separation, then you can file in Florida a Motion to Dismiss on the basis that your pending petition was filed first and that your Petition addresses the bulk of the issues addressed in your Husband''s pending Dissolution of Marriage action. If he has refused and not responded to your petition...

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Do I file for divorce and child custody or separation first I am unsure of what to do. I believe my spouse may have an attorney. Any assistance will be appreciated

A:  There is no legal separation in Florida. If you wish to file for divorce you can ask for child custody and support within the divorce action....

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Can I file for divorce without my spouse''s signature in illinois?

A:  One person in a marriage can initiate a divorce in illinois without the signature of the other spouse. The court will issue a summons under the illinois Marriage and Dissolution of Marriage Act that compels the other party to respond in court. If both parties in a marriage jointly file for divorce, no summons is needed.More Information:Lake County IL: divorce Summons...

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How long does a person have to be separated before they can file for divorce, in India? Or can they file right away? What would prevent a person from filing

A:  Again, there is no maximum time limit on how long you can stay separated for. People stay separated their whole lives because ex-spouses don''t sign papers. You can file for divorce at any time. She needs to sign the papers for it to be official though. What would prevent a person signing them? divorces are stressful and costly. Settlements are a pain in the arse. If she''s got no reason to sign them, and she''s a bitch, she may refuse to sign them, and you may need to get your lawyer onto her....

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How long do you have to be separated before you can file for divorce in california?

A:  there is no waiting period in california for divorce. You don''t have to be separated for any length of time in order to file for divorce....

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I need some basic legal advice on receiving spousal support. ?I''m not sure how to initiate it. Whether I should go to a Courthouse, County Clerk, or see a lawyer. Whether I should file legal separation, or file for divorce.I married in 98. separated in 08. Not receiving financial support from spouse. I am only making $400/month. He is making $2500-$3500./month. I have no money for legal counsel. What would be fastest way to start receiving spousal support by filing legal separation or divorce. I am going to divorce my spouse eventually, but have not had the money at any given time.Thank YouLiliana

A:  The only difference between legal separation and divorce is whether or not you can remarry (and a few other technicalities). Otherwise they are the same and proceed the same. Once you file for divorce you can immediately file for temporary support orders. If you have kids, you can also open a case with the Dept. of Child Support Services for child support. If you don''t have kids, contact the family law facilitator''s office in your local county court. You would also probably find it helpful to get a copy of How to Do Your Own divorce In California, by Nolo Press. You may also qualify for the San Francisco Bar Volunteer Legal Services...

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Do I Have To Legally Separate From My Husband Before Filing For divorce?

A:  divorces in Virginia can be ''contested'', which requires proof, or they can be ''uncontested'' (which are usually based on a mutual and voluntary separation of at least six months). Uncontested divorce. If the parties agree to be divorced, you must have a written Separation Agreement that makes a fair and equitable division of your property. You can then file for divorce with six month''s separation. If children had been involved, you would have needed a one year separation. There are also additional technical requirements, but the Separation Agreement is the essence of an uncontested divorce. Contested