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I Want to file for divorce and my husband is not on board.

How can I file?Seperated...
I Want to file for divorce and my husband is not on board. How can I file?Seperated for 2 years. living in their 20’s in same house. Have 15 year old son (and 2 da)
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Answered in 9 minutes by:
10/16/2017
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,708
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Fortunately, the law does not require that spouses agree as to whether or not to get a divorce. Rather, one spouse may end the marriage by filing for divorce (provided the grounds for divorce are proved in court). As for how you can file, as a general practice you would prepare a Complaint for divorce which states the relevant facts and the grounds for divorce. You would then file the Complaint in the court, and serve your spouse. Eventually, you will have a hearing on the matter, and provided you prove the grounds, then the judge will order a dissolution of the marriage. You didn't mention which state you are in, so I can't give many more details than that. However, I strongly suggest that you retain an attorney anyway, since it is difficult for non-lawyers to proceed on their own. While you may save some money doing it alone, you will likely pay triple in time and aggravation. And if the divorce is contested because your spouse does not want a divorce and challenges your Complaint, then you will really need expert legal representation, otherwise you may lose the case and will not be granted the divorce.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 8 months ago
I am in Illinois. I went to courthouse and asked for divorce documents. Have tried to fill out but not remotely clear. I can’t answer many of the questions because my spouce isn’t involved or cooperating. I JUST want to get papers filed. We will have to dea with all the details of childcare and financial split etc but at this point just need to get papers filed.
Customer reply replied 8 months ago
I don’t have the money to retain a lawyer at this point. I know we will need a mediator at some point but just want to get the papers filed.
Customer reply replied 8 months ago
courthouse clerks are less than helpful and won’t answer any questions. Do I just hand in half answered documents?
Customer reply replied 8 months ago
I really don’t understand al of the “legal language” in documents so hard to fill out? How can I just get the darn papers filed and start he process? I will have to have him served I assume.
Customer reply replied 8 months ago
please let me know how to provide a positive rating for you.

Hi again.

I'm reading your responses now and will get back shortly.

TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,708
Experience: JD, MBA
Verified
TJ, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now

Hi again.

I will be happy to answer any specific questions that you may have about the forms that you are trying to fill out. In general, it's not a good idea to file half completed forms since the judge may determine that they aren't legally sufficient.

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Customer reply replied 8 months ago
Headed to bed so will review in the morning. Thank you b

Hi again. Just checking in to see if you need any further help.

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Customer reply replied 8 months ago
I’m looking to fill out Illinois divorce papers to file and have questions on the paperwork. Is it possible for me to show you he actual paperwork and ask specific questions on how to fill out so I can file papers correctly?
Customer reply replied 8 months ago
I need help with filing a divorce decree wig my husband not participating. I have all documents from the court but unable to answer all he questions questions on form. Is it possible for me to “show forms and ask questions on how to proceed so I can file divorce papers accurately???
Customer reply replied 8 months ago
There are so many questions on he forms the court gave me that I can’t answer. Don’t k ow how to proceed?
Customer reply replied 8 months ago
My husband not on board. I want to file accurately so not to hold up.
Customer reply replied 8 months ago
Illinois divorce forms
Customer reply replied 8 months ago
Is there a way to snap shot papers? On the questions I have on filing?
Customer reply replied 8 months ago
There are parts of the papers they gave me to file that I simply don’t know how to answer? If I could snap shot them perhaps a lawyer could tel me how to answe? That’s what I’m hoping

Hello again. yes, you can upload documents to this website. However, unless you only have a couple of questions about the documents, and the documents are short, then there is an extra charge for all of the review. Please upload them at your convenience, and I will take a look to see. If you need help as to how to upload, then please contact customer service:

http://ww2.justanswer.com/help

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Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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