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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

  1. 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.

  2. 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.

  3. 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.

  4. Contact the Dupage County Legal Aid .

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