scottw
New
Reged: 10/11/07
Posts: 2
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My wife and I have been living apart for a little over a year now. I would like to know what I would require to prove that we have been living apart and also, what my options are if she refuses to sign the divorce papers
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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[quote]My wife and I have been living apart for a little over a year now. I would like to know what I would require to prove that we have been living apart and also, what my options are if she refuses to sign the divorce papers [/quote]
In order to seek a divorce in Illinois, your divorce must be filed under one of the following grounds: No-fault; Extreme physical (2 acts) or mental cruelty; desertion (one year or more); Adultery; Impotence at time of marriage; Prior existing marriage; Habitual drunkenness or drug use (2 years or more); Attempts to take spouse's life; Conviction of a felony; or Infection of spouse with venereal disease.
If the parties seek a no-fault divorce, he spouses must have lived separate and apart continuously for a period in excess of two years and irreconcilable differences must have caused an irretrievable breakdown of the marriage. The court must further determine that efforts of reconciliation have failed, and that future attempts at reconciliation would be impracticable and not in the best interests of the family. The court can grant a no-fault dissolution after a six-month separation of the parties if agreed to upon written stipulation. If the court feels that the marriage still has a chance of survival it has the power to suggest that the parties seek counseling. The court also has the power to order a mediation conference, where is can make a finding whether the marriage is irretrievably broken.
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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scottw
New
Reged: 10/11/07
Posts: 2
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Yes. I read the laws. But how do I prove that we have been living separate and apart ? Thank you for your previous response
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1227
Gold
Reged: 09/12/07
Posts: 195
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I would assume that state id or drivers lic would work, no? The rent or mortgage from both parties. These seem like easy answers so I do not know.
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eddiej
New
Reged: 01/02/08
Posts: 1
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i was working out of town for almost 2 years but was home every 2 months for 2 weeks to care of things I paid 100% of the bills her lawyer and her are claiming I left abandoned her is that right and legal
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infinity386
Gold
Reged: 02/24/08
Posts: 124
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well, my friend. They gotcha. But don't feel to bad. It's the oldest trick in the book.
It could have been worse, she could have started a factitious argument with you and called the policy to have you arrested or filed a order of protection to have you removed from the house.
I've also seen this played out where the mother leaves the house with the kids and goes into hiding. keeping the kid away from the father.
Relax, its all part of the process. It's a tactic designed to try and make sure you don't get sole custody... which you have a slim chance at getting in Illinois in the first place.... Oh, joint custody was a zero chance as well sense she has to agree to it.
Sad to say.... your screwed. But there is hope. Quit your job now so that you can maximize your visitation. Pay attention to what ever assets you have. for the most part they will all be sucked away by the legal fees. but you may be able to save some of it if you act now. With little to no assets and no job you will send a clear message to the lawyers. They will then realize you cant get blood from a rock and move on. Trust me on this. Devorce is on of those things that are impossible to fight and does more damage the harder you resist. You have to ride the waves of turmoil. Just make sure you spend as much time with your kids as possible. No judge will order a caring father to prison.
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