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Experience:  30 years as a family law lawyer .
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Im out of state in the military in California and my wife

Resolved Question:

I'm out of state in the military in California and my wife is in Illinois. My wife and I have agreed to an uncontested divorce, how do we proceed about getting a divorce? How long will it take to get divorced? Would I have to appear in court? What is the average cost of this type of divorce?
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your question.You can file here in either California or Illinois.You can share a lawyer here to prepare the petition and other settlement documents.You can split the costs here. Plan on $1k here with filing fees.This should be about average for uncontested divorce.The price here would be about the same whether you file in either state.Your wife could appear here and have it signed off on by judge if you agree.

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Edited by RayAnswers on 11/2/2010 at 4:14 AM EST
Customer: replied 6 years ago.
Relist: Incomplete answer.
answer all my questions
Expert:  RayAnswers replied 6 years ago.
My wife and I have agreed to an uncontested divorce, how do we proceed about getting a divorce?
Hire lawyer here in Illinois to file uncontested and prepare settlement papers.I gave you reference through Illinois Bar to find one locally where wife is/


How long will it take to get divorced?


Before a judge will grant a divorce, a spouse or both spouses must prove grounds. The one commonly used is irreconcilable differences, which some people call no fault. In such a case, the spouses are required to prove to the judge’s satisfaction that there is a breakdown in the marriage, that they have been living separately for two years, that they have attempted counseling, and that all efforts to reconcile have failed. A judge can limit the period of separation to six months in certain cases.

There is no specified waiting period before the final divorce proceedings can take place. You will need to ask the court clerk to schedule your case for a final uncontested divorce hearing. It will depend on the backlog of the court how long it takes to get a final hearing. Both spouses are normally required to attend the final hearing under Illinois laws.

Would I have to appear in court?
Both spouses are normally required to attend the final hearing under Illinois laws. It may
be possible for you to waive your apeparance in agreed divorce since you are out of state.

What is the average cost of this type of divorce?$1k here including filing fees.


If I missed something or you have follow up just ask.It's not a problem.I'm sorry if I missed soemthing here earlier.I know it can be a lot ot absorb at once.

 

RayAnswers and 4 other Family Law Specialists are ready to help you
Expert:  RayAnswers replied 6 years ago.
My wife and I have agreed to an uncontested divorce, how do we proceed about getting a divorce?
Hire lawyer here in Illinois to file uncontested and prepare settlement papers.I gave you reference through Illinois Bar to find one locally where wife is located so that you could possibly share a lawyer and costs.


How long will it take to get divorced?


Before a judge will grant a divorce, a spouse or both spouses must prove grounds. The one commonly used is irreconcilable differences, which some people call no fault. In such a case, the spouses are required to prove to the judge’s satisfaction that there is a breakdown in the marriage, that they have been living separately for two years, that they have attempted counseling, and that all efforts to reconcile have failed. A judge can limit the period of separation to six months in certain cases.

There is no specified waiting period before the final divorce proceedings can take place. You will need to ask the court clerk to schedule your case for a final uncontested divorce hearing. It will depend on the backlog of the court how long it takes to get a final hearing. Both spouses are normally required to attend the final hearing under Illinois laws.

Would I have to appear in court?
Both spouses are normally required to attend the final hearing under Illinois laws. It may
be possible for you to waive your apeparance in agreed divorce since you are out of state.

What is the average cost of this type of divorce?$1k here including filing fees.


If I missed something or you have follow up just ask.It's not a problem.I'm sorry if I missed soemthing here earlier.I know it can be a lot ot absorb at once.

 

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