No, who files for the divorce first has no effect on the outcome. However, if you need any temporary orders like child support or to file for a restraining order, it can be better to file sooner rather than later. Whoever petitions for the divorce will be required to pay the filing fees. References: [1] Illinois Legal Aid. Find out how simple the divorce process can be when you work with a law firm that puts you first. Book your consult today! Divorce sucks and there's no way around that but these ladies made it a smoother road to tread on.
I couldn't have been happier - except if it wasn't happening at all. They took the time every time I needed to help guide me into making all the decisions that needed to be made and counseled me through tough situations and for that I will be eternally grateful.
Full Google Review. Book My Consultation. Do-It-Yourself Divorce Defined A DIY divorce is when you file all the paperwork with the court and make decisions about all the aspects of a divorce without the help of an attorney. Frequently Asked Questions How long does it take to get a divorce in Illinois?
How much does it cost to file for divorce in Illinois? Does it matter who files for divorce first in Illinois? Call now to get Immediate help with your divorce or family law issue. In some cases, the web-based service will arrange for the filing. Again, a little research about the service can help, particularly any online reviews. Some sites display a seal for the Better Business Bureau online, which means you can check on a report for that company at www.
Not having the seal doesn't mean that the product isn't good, but use your judgment and spend some time looking around for what will work best for you.
And while getting your documents immediately may seem appealing, check to be sure they're being reviewed before you get them.
There's a reason why lawyers charge high fees. They're often aware of long-term concerns that you may not consider, for example, whether a court will "impute" future income to a spouse who has bright financial future.
Lawyers also offer a shield — all correspondence and contact can be directed through the lawyer's office if things get ugly. And lawyers may have a better bead on child custody issues and what the court considers as a parenting plan that has the child's best interests.
If you're not sure that a Do-It-Yourself divorce is the right choice, talk to some divorce attorneys first. Initial consultations are often free, and offer you a chance to explain the circumstances of your case to a professional.
You may be able to get some good information quickly to help decide if you need the guidance and protection of a lawyer on your side. Although same-sex married couples can divorce in every state now that the Supreme Court has ruled in Obergefell v. Hodges , the evolving status of each state's laws can make a same-sex divorce more complicated. You may want an attorney's advice. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. Once you receive a referral, you will be expected to contact the lawyer by telephone to make an appointment. Check out our calendar of legal clinics and resource centers! IRS starts accepting tax returns on January 27th. We have free resources to help you this tax season. L aw H elp. Hide Visit. Text size: A A A. Search for resources and organizations in this language Advanced Search. Self-Help Frequently Asked Questions Warning : You are strongly encouraged to seek the advice of an attorney in any legal matter.
Disclaimer : The general information provided in these FAQs is not legal advice, cannot be cited as legal authority, and cannot replace the advice of an attorney licensed in South Carolina. Do I need an attorney to file for divorce? No, you do not need an attorney to file for divorce, but you are strongly encouraged to seek the advice of an attorney.
If you are seeking a divorce based on a one 1 year continuous separation from your spouse, you may file without the help of an attorney. You may use the court approved divorce packet that is available online at no cost to you, or you may buy the forms from your local Clerk of Court for a small fee. You can also complete the divorce packet online on S.
Legal Services' website www. On this website, an interactive program provides you with step-by-step guidance on how to complete your divorce paperwork.
This program is free. What are the grounds for divorce in South Carolina? In South Carolina, there are 5 grounds for divorce:While there are five grounds for divorce in South Carolina, you can only use the court approved packet for living separate and apart without cohabitation for a period of one year. For more information, see S. What does living seperate and apart mean? Separate and apart means that you and your spouse are no longer living in a single household under one roof.
If you stay under the same roof with your spouse for even one night, the judge may determine that you have not been separated for the required year. NOTE: You and your spouse cannot stay in separate rooms in the same house and count that time towards the one 1 year separation divorce.
What does cohabitation mean? Cohabitation is living together in the same house as husband and wife in a physically intimate relationship. What is an annulment? A legal annulment is different than a religious annulment. A legal annulment is a legal procedure that declares a marriage null and void. Unlike a divorce, an annulled marriage is considered invalid from the beginning, making it as if the marriage never took place.
Annulment is a complicated process and you are strongly encouraged to seek the advice of an attorney. NOTE: You cannot use the court approved divorce packet if you are seeking an annulment. How can a marriage be annulled? A marriage can be annulled when there is a legal reason that makes the marriage invalid. Some reasons for annulment include: For more information on cohabitation, see S.
Some factors a court may consider when determining whether the parties had an intimate relationship are whether the parties: Lived together; Shared the same bed; and Engaged in a sexual relationship. Duress A marriage will be annulled if one of the parties entered into it under duress.
Duress occurs when a person enters a marriage as a result of violence, threat, or coercion. Fraud Fraud is the hardest ground to prove to get an annulment. Fraud is more than a simple lie.
When this happens, you'll need to agree on the disputed issues. If you can't agree, you may need to go to mediation or have a trial. In this case, you may need an attorney to help you navigate this process. In contested matters, the divorce process can last a long time. Typically, you can avoid a lengthy trial in these cases since you're not arguing about the fault of your spouse. However, be sure to check your state and local court rules on how to file a no-fault divorce, since the laws can vary.
You can use a self-guided uncontested divorce service that helps you manage your filing. By doing research, asking questions, and using a self-guided service, you can take charge of your divorce without the help of a lawyer. This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
Check your state's requirements for filing. Complete the no-fault divorce forms.
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