Can I file for divorce myself?

Full question:

I live in Illinois; I have been married for 25 years and would like a divorce. My husband has not worked for almost all of our married years. He told me he would not sign divorce papers. What do I have to do? Needless to say I can not afford a attorney because I have to pay all the bills.

  • Category: Divorce
  • Date:
  • State: Illinois

Answer:

A judgment of dissolution of marriage (i.e., a divorce) may be granted in Illinois on the following grounds:

1. Impotence

2. Bigamy

3. Adultery

4. Desertion for one year

5. Addiction to alcohol/drugs

6. Attempted murder

7. Conviction of felony

8. Infecting other spouse with sexually transmitted disease

9. Living separate and apart for two years where there exists irreconcilable differences.

If the grounds for the dissolution of marriage is based upon living separate and apart for two years with irreconcilable differences, the court must determine that efforts at reconciliation have failed or are impractical and not in the best interests of the family. Furthermore, if the parties have lived separate and apart without cohabitation for at least six months immediately prior to the filing of the petition, the parties may waive the requirement of living separate and apart for two years by filing a stipulation to that effect with the court.

The court may order that one spouse support the other during the pendancy of the divorce action and/or after the divorce has become final. Support awarded pending the final decree of divorce is not to extend beyond the period of time necessary for the prosecution of the divorce action.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Illinois, abandonment occurs when one spouse leaves the marital home without the consent of the other and without a valid reason. For legal purposes, a spouse must be gone for at least one year to establish abandonment. This can be used as grounds for divorce. However, if the couple has been living separately for two years due to irreconcilable differences, that can also be a basis for divorce without needing to prove abandonment. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*