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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100024
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Wife to prepare to separate and then divorce from her

Customer Question

For a wife to prepare to separate and then divorce from her husband in Illinois, what would the necessary steps be to prepare for this event?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
1) What county is this in?
2) Is the husband in agreement with the actions, or not?
3) Do you mean legal separation, or, informal separation, prior to the divorce?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
McHenry County,
Husband not in agreement. The separation would be informal at first prior to the divorce.
Expert:  Ely replied 1 year ago.
Thank you.
For either, any pleadings are filed with the Circuit Clerk Court. See here.
For a legal separation, see here. The pleading for legal separation is filed, he is served, and then there is a trial months down the line.
For divorce, see here and scroll down to "Simplified Divorce." The step by step process is here.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
So if I do not get a legal separation first and I move out of the house for over a year it can be considered abandonment?
Expert:  Ely replied 1 year ago.
Very unlikely. See here.
The chances of this working in divorce are slim to none in most situations.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
What happens if the husband refuses a divorce what kind of recourse does the wife have?
Expert:  Ely replied 1 year ago.
The husband cannot refuse a divorce. All the husband can do is argue over splitting of assets and alimony. The Court will grant the divorce regardless of him wanting one or not.
There are two types of divorces:
UNCONTESTED where the spouses agree on everything and simply have the court sign off on it. These tend to be quicker.
OR
CONTESTED where the spouses disagree and the Court decides. These tend to be drawn out.
But either way, the divorce should eventually go through.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
The house is in my husbands name, what are my legal obligations to the house?
Expert:  Ely replied 1 year ago.
Was the home purchased prior to the marriage, or, during? With whose money?
Customer: replied 1 year ago.
Home was purchased while we were married with his funding.
Expert:  Ely replied 1 year ago.
Thank you.
I assume that his "funding" was money earned during marriage.
As such, the Court decides who the home goes to. It may go to either party, or, be sold and proceeds split. Or if the parties agree, the court will honor that agreement.
The Court will most likely endorse said agreement in interest of post-divorce harmony. Standard division by the Court only come into play if the parties cannot agree on splitting of assets.
It is also common for parties to agree to 95% of the split, but then ask the Court to make a decision in regards ***** ***** 5% that cannot be agreed upon.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Yes funds were earned during the marriage. As a member now, can I sign onto this site any time?
Expert:  Ely replied 1 year ago.
Well, experts only answer questions and I have no access to customer service. However, you can visit www.justanswer.com/help to confirm any subscription agreements, etc.
Also, please note that I have answered your other question here, as well.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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