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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Family Law
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Experience:  Attorney
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If I move out before I am divorced will I lose out on assets

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If I move out before I am divorced will I lose out on assets (home, car, etc.) How can I go about filing for a divorce....how much does this cost....is there something else I can do in the meantime like get a legal separation.....how does this all work. Does a lawyer have to be paid in full or can payment be made after the home sells.
Submitted: 1 year ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 1 year ago.
Hello. Thank you for coming to JustAnswer. I am Thoreau and I am sending this answer to you only a few minutes after you asked your question.
I'm sorry that you're having to go through that. It's generally unwise to voluntarily leave the marital home because it can adversely affect custody matters (if children are involved) and it makes it easier for the spouse who remains to waste or hide marital assets. Aside from that, moving out doesn't affect property distribution and each spouse is still entitled to a fair share of marital assets during divorce.
A divorce can be filed at the Clerk of Court's Office. There are forms there for that purpose and a person who represents himself can file for divorce for the cost of filing fees (around a couple hundred dollars), which the court can waive if there's a financial hardship. If you retain an attorney (and I'd recommend it), the attorney will charge around $200 per hour and up for a contested divorce or, for an uncontested divorce where you and your spouse agree on everything, a flat fee (uncontested divorces often start around several hundred dollars, filing fees included). Some attorneys will work out payment plans or accept credit cards. That's up to the attorney himself. Legal separation is an option in Illinois instead of divorce, and that allows a couple to divide assets while remaining married. That can be good for specific purposes, such as remaining on each other's insurance. I'm sorry that you're going through a divorce and I wish you all the best.
Thoreau (T-USA), Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.......you have been very helpful..

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