Everything will be the same except we will be divorced. We have children and do own a home together. Does anyone know what the laws are in Illinois and would it effect our property if we sell later. I know this sound extremely dumb but it's something I've wanted for many years. I never wanted to get married but only went through with it to please both parents. I would rather be his common law wife or domestic partner then be "legally married".
any suggestions on how to go about this with out it being so expensive and overly complicated?
2007-10-15 05:47:55 · 13 answers · asked by peonies 2 in Family & Relationships ➔ Marriage & Divorce
Being married has no special perks. His insurance doesn't cover me, According to our income tax we make too much which is a load of crap. I think being single has better advantages.
2007-10-15 06:15:57 · update #1
Suggestion: go to lawyer.
2007-10-15 05:53:52 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You mean you want to file for divorce but continue to live together as husband and wife? That’s got to be one of the oddest things I’ve ever heard, but regardless….
If you divorce then you have to deal with property division (the property *has* to be divided) and custodial rights over the children, and child support (the court will order it and it will have to be paid). Why do all that if your marriage is still a marriage?
First issue:
On what grounds are you going to file for divorce? Unless you have fault grounds (ie adultery, mental cruelty, etc), then you’ve have to file for a no-fault divorce, which in IL requires a separation period (that doesn’t necessarily require separate housing, but if you live in the same house, you must live as if you are ‘separate and apart’, not as husband and wife) AND it requires basically that the marriage is irretrievably broken (which obviously isn’t the case here).
Second issue:
You said you’d rather be his common law wife, but you won’t be, because, like most states, IL does not recognize common-law marriage (unless it was contracted prior to June 1905).
Third issue:
There are many benefits to being a legal spouse, that you will lose if you divorce, such as:
-- Status as ‘next-of-kin’ for hospital visits and medical decisions
-- Automatic inheritance in the absence of a will
-- Social Security benefits
-- Insurance coverage
-- Joint filing of tax returns
-- and many more
And those are just the issues off the top of my head. I’m sure there are many other issues that I’m not thinking of at the moment.
2007-10-15 06:25:58 · answer #2 · answered by kp 7 · 0⤊ 0⤋
What does it matter if your married? You stated you would rather be his common law wife or domestic partner.....same thing without the paper. Sometimes being married has perks too. Income tax returns, medical insurance, car insurance etc......you really should think about it, especially where the kids are concerned. If you don't love your husband and can't stand the to be in the same room with him.....then by all means divorce through an Attorney, a lawyer.
2007-10-15 05:56:50 · answer #3 · answered by Anonymous · 1⤊ 0⤋
i think you have a deeper issue that needs to be addressed. you say you want everything the same except the legal aspect of marriage. what benefit is there for you to only be "common law married"? what message would you be sending to your children for them to carry into their own adulthood relationships? if you have already thought about those things and still feel the need to divorce and you don't think you have any underlaying issues going on then why don't you just talk to a lawyer with your husband?
2007-10-15 05:57:20 · answer #4 · answered by adelaide 4 · 0⤊ 0⤋
IF a married women commits suicide within 7 years of her marriage or if there is a dowry death of a married women within 7 years of her marriage there is a presumption that the husband and his relatives are responsible for her death. There is no law that says you cant divorce your wife/husband within 7 years of your marriage. The compensation you pay can be fixed by mutual negotiation or you can go to the court with your claims and the court will fix the compensation. If you go for mutual divorce you can include a clause in the joint petition that the wife will withdraw all criminal cases against the husband and the husband is not be held criminally liable for his actions during the marriage.
2016-03-12 23:29:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Stay married, but file for a legal separation, if you feel so compelled.
F.Y.I. - There are only a few states that recognize common law marriage (15 or 16), Illinois is not one of them.
2007-10-15 06:08:56 · answer #6 · answered by runninfool 3 · 0⤊ 0⤋
Sounds like you want to be with him, but without the commitments to each other. If that was the case, you shouldn't have gotten married in the first place. And honestly you should NEVER get married just to please anyone.
I heard a quote from Bill Cosby years ago, and it sounds perfect in this situation.
"I don't know the key to sucess, but the key to failure, is trying to please everyone."
You should NEVER be pressured into decisions because it will please someone. I've made alot of decisions in my life that pleased my parents, or just my mom, and in the end, I was miserable because of it.
2007-10-15 05:55:22 · answer #7 · answered by Bryan M 6 · 0⤊ 0⤋
If nothing is going to change why get divorced? Sounds like a lot of paperwork and explaining to friends for really no gain or benefit.
2007-10-15 05:55:58 · answer #8 · answered by 10SNE1 2 · 0⤊ 0⤋
Sorry things won't be the same, how could they be? You need to talk to a divorce lawyer.
2007-10-15 05:52:08 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Why even bother if everything else is going to stay the same. Why waste the money on a divorce if you are still going to be together?
2007-10-15 05:52:40 · answer #10 · answered by tjmoore83102 2 · 1⤊ 0⤋
why? if nothing is going to change except the "title" why do it?
the best way to keep it from being expensive and complicated is to stay married! AND if your reason is to fool around???? You and the hubby could agree to an open marriage, BUT if that is not the reason I again ask WHY????
OKAY, you can file your taxes "married but filing single" and if his insurance will not cover you "married" it sure as heck isn't going to cover you "single"!
Save your money and stay married!
2007-10-15 05:51:09 · answer #11 · answered by me4tennessee 6 · 1⤊ 0⤋