Illinois Divorce Legal Questions

The law is clear that if you continue to reside together as H and W, your marriage is validated. 750 ILCS 5/213 states: b) Parties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment. Subsection prohibit marriage when the party is marriage. Thus once divorced, marriage valid as of the date of the divorce.... Read More

yes - unless you have an attorney who has filed an appearance on your behalf, you are representing yourself - There is an old adage - the man who represents himself has a fool for a lawyer - be careful - you are held, in theory, to the same standards as an attorney hen you represent yourself.... Read More

You will not get anywhere except through the court. Until the disposition of the house is determined, you probably have no right to demand she remove her possessions. She has the right to keep them there until what is happening to the house is ruled upon by the court. If there is a OP against her she cannot come into the house.... Read More

You need to speak with a divorce attorney and have them review your final Judgment for dissolution of marriage to determine what it states when it comes to the issues are discussing. If you were represented by an attorney, you should have signed paperwork prior to your last date (prove-up date).... Read More

I think you are stating that you live in IL and want a divorce from your husband who lives in Mexico and what do you need to do?  We will be glad to speak with you about this situation and if you have contact with your husband, we can proceed with the divorce.  Because you have been separated so long, if he does not cooperate, we can still get you divorced. ... Read More

What makes it your home? Was it purchased during the marriage. Was it paid for with marital funds? Title is not relevant. Date of purchase is. It may be marital property even if it is in your name alone. If it is marital property, the fact that he made no mortgage payments may go to the extent of his interest, but he may still have an interest.... Read More

In Illinois there is no such thing as an annulment, It is called a declaration of invalidity. Just like there is no such thing as divorce , it is a dissolution of marriage. Disregarding that, the ground for a declaration of invalidity are extremely limited. They are: (1) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage; (2) a party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was solemnized the other party did not know of the incapacity; (3) a party was aged 16 or 17 years and did not have the consent of his parents or guardian or judicial approval; or (4) the marriage is prohibited. It does not appear that you fall within any of those grounds.... Read More