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Do you have a certain amount of time to file for divorce?

Wood Dale, IL |
Filed under: Divorce

I've only been married for two months. My husband and I have been fighting. He hasn't been home in three weeks. All he tells me is he wants a divorce and I cannot change his mind. I don't have the money to pay for a lawyer even though I want to. I don't want the judge to look down at me because I took too long.

Attorney Answers 4

Posted

you may file at any time. now or later. go online for cook county court clerk to get forms to use to do it yourself.

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3 comments

Asker

Posted

I would go through it online, but I have a lot of things that need to be talked about. Like money and property. We've only been married two months, but we have lived together for 3 yrs.

Judy A. Goldstein

Judy A. Goldstein

Posted

gary - Wood Dale is in DuPage.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

ok, get the cook county forms and modify them or get du page forms.

Posted

There is no time restriction. If you qualify for a joint simplified divorce, try that. Look at the website for the DuPage Clerk of the Circuit Court for the forms and requirements. I have never visited that county site, but the information you need is probably available.

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Posted

There is no time limit imposed by the law during which one can file for divorce. One can file pretty much at any time. If money were no object, I would have suggested you look into 'annulment", rather than divorce. That way you will not be considered to have been married and you will be restored to your "single" status pre-dating this marriage.
If money is a problem, then you'd be better to let your husband fire the first shot and file. You would not have to do anything or pay for anything. Just appear in court.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Judy A. Goldstein

Judy A. Goldstein

Posted

Just because a couple has only been married 2 months does not mean they are entitled to a judgment for invalidity in the state of Illinois. In fact, it is highly unlikely the asker would be entitled to same. Money has nothing to do with it. Annulments and divorces cost about the same here.

Asker

Posted

We do not qualify for an Annulment. Otherwise I would have gone for it. Won't the court look down upon a marriage ending in such a short period of time? I'd like to work it out and I believe his behavior is medical related. Due to seizures.

Judy A. Goldstein

Judy A. Goldstein

Posted

No, the court does not look down on the parties because of the short duration of their marriage.

Posted

Contact the Dupage County Legal Aid .

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