My friend wants to leave her husband due to catching him committing adultery in her own house. She doesn't want anything from him except a divorce which he claims he won't grant her. She is very worried about costly legal fees, and I am trying to help her find a sound resolution.
When I filed my own uncontested divorce, I did it myself, the only fees I had to pay where the filing fees, and there were no lawyers involved because both parties agreed on the divorce.
Is there anything she can do to make her divorce inexpensive and quick on her part? This is taking place in Illinois. ( I know some states have different laws)
2007-12-30 05:18:52 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If he is not in agreement then it is not an uncontested divorce. If she qualifies, then she can go through a local legal aid office. It ended up costing me only 165 start to finish. If she does not qualify then she can get all of the paperwork from a few places (library, court, legal office) and file them herself. She may also be able to locate a paralegal who will do the paperwork ALOT cheaper than a laywer. However, a paralegal can not give legal advice.
Even if he is not in agreement, she can go ahead and file the papers and maybe, by that time, he will sign them. If she wants nothing and they have no children, then there should be no reason for him to sign (unless he wants to work it out).
Here are a few links I found that have information as well as the ability to order papers: The second link has a list of FAQ.
http://www.uslegalforms.com/divorce/illinois-divorce-forms.htm
http://www.divorcenet.com/states/illinois/illinois_general_divorce_information
I wish your friend all of the best!
Kerri
2007-12-30 05:35:19 · answer #1 · answered by Kerri P 2 · 0⤊ 0⤋
A lot of men say the old phrase "won't agree to divorce" just to have their cake and eat it to. Your friend should go to the court house..the family division department. They can appoint her an attorney at a low fee if she has a low income, or no fee except filing charges if she does her own paper work, I feel the husband has no choice..he committed the adultery
2007-12-30 05:36:04 · answer #2 · answered by wilma s 5 · 0⤊ 0⤋
Tell her to go for the jugular and get a lawyer. Divorce lawyers salivate over cases like this. Trust me, he'll wake up then. Most divorces end in the woman's favor and if done right, he'll have to pay the legal fees. Those lawyers will leave you with just the clothes on your back
2007-12-30 05:37:38 · answer #3 · answered by CARFIX 2 · 0⤊ 0⤋
Coming from someone in the legal profession, what exactly is he going to contest?? If she wants a divorce, he can not "grant" her anything... The judge makes the final decision, and she can simply file the proper paperwork at the clerk of courts office, pay the filing fees, and there may be some "service" fees in order to have said papers served on him.. he sounds like a real weiner to make a comment like "im not going to grant you a divorce" like he can just stay married to her forever..lol, sorry, it just kills me the amount of IGNORANT people in this world..
2007-12-30 05:24:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Because he says he won't grant her the divorce this is not an uncontested divorce. The cheapest way to do it is to go through a paralegal rather than a lawyer.
2007-12-30 05:23:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
She can file her own divorce papers. Usually you can find these at a free legal help type office or sometimes even the library. Just like you though, she will have to pay filing fee and such.
2007-12-30 05:21:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Each state is different when it comes to the grounds for divorce. However, she doesn't need to have him "grant" her one or give his "permission". She can file a "do it yourself" divorce and limit her costs to just the filing fees.
Have her go to:
http://www.divorce-forms.com/
2007-12-30 05:27:45 · answer #7 · answered by mollyflan 6 · 0⤊ 0⤋
what you did is the best way to do it if possible. i let her get the lawyer upon agreement of us both and promised i would pay 1/2 the fees only if we both can come to a agreement and have him do the legal work. it worked for me with no children and only finances to iron out between her and me.
2007-12-30 05:23:39 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If he won't grant her a divorce, it can't be an uncontested one. I paid my lawyer $500 and she took care of everything.
2007-12-30 05:22:11 · answer #9 · answered by I love my baby boy! 5 · 0⤊ 0⤋
See a lawyer, the cost will be around $200 but it's well worth it.
2007-12-30 05:22:15 · answer #10 · answered by Prophet 1102 7 · 0⤊ 0⤋