Marry Ex-Mas ;)

[vacren]

What is the name of your state (only U.S. law)? IL

In April 2007 I moved from Jacksonville, FL to San Diego, CA. My wife and child moved to DeKalb IL. I was under orders with the US Navy and my wife wanted to go to school. After about 22 months (February 2009), I moved back to Great Lakes (Waukegan) Illinois, once again under orders, and my wife moved in with me in April. After about 3 weeks, we had a disagreement and I went to jail for domestic violence, later found to be disorderly conduct.

During the period from May 9 to October 26 I lived apart from my wife in base quarters. From 26 October to December 21 I lived with a friend. His family came to town and I had to go somewhere, so I went back to the place I pay rent, where my wife lives.

Because it's almost as expensive to get divorced as married (some cases more so) I have been waiting until my taxes come back to ensure our daughter does not go hungry because of the ordeal.

There is no question of fidelity from either of us, we just can't live under one roof anymore.

Now for the questions:

Will my living here affect our 2 year/ 6 month court mandated separation?

Being married for almost 5 years and separated for 29 months of that, what maintenance should I expect to have to pay and for how long?

I paid for her to go to school, which she has completed, I am still paying her student loans. Will that hold weight when considering maintenance?

My daughter will get whatever she needs, but for paperwork sake, what is the percentage due 1 child?

Which court fees can be waived if we represent ourselves and are in agreement on all matters?

As always, I appreciate your help and look forward to responses.

Merry Christmas,
-V

 

[mistoffolees]

Will my living here affect our 2 year/ 6 month court mandated separation?

Yes. If you are living together, you are probably in violation of a court-mandated separation if that's what it really is. OTOH, if it's the 'separation pending divorce', then your separation clock could start ticking again. What exactly are you referring to and what does the court order specifically say?

Being married for almost 5 years and separated for 29 months of that, what maintenance should I expect to have to pay and for how long?

Probably no maintenance after the divorce, but you may be paying some temporary support while the divorce is pending.

I paid for her to go to school, which she has completed, I am still paying her student loans. Will that hold weight when considering maintenance?

No. However, she will likely be held responsible for future payments of the student loans.

My daughter will get whatever she needs, but for paperwork sake, what is the percentage due 1 child?

Look up the child support calculator for your state. (Calculating a Child Support Obligation)
Typically, it would be 20% of net income. The above site explains the deductions in calculating net income.

Which court fees can be waived if we represent ourselves and are in agreement on all matters?

Court fees won't be waived because you're representing yourself (they can sometimes be waived if one or both spouses are impoverished, but that doesn't seem to be the case here). You will, of course, save a lot of legal expenses, but that may sometimes be false economy. I would suggest that the two of you work out an agreement and then each of you pay an attorney for a brief session to review the agreement to ensure that it's fair.

 

[LdiJ]

What is the name of your state (only U.S. law)? IL

In April 2007 I moved from Jacksonville, FL to San Diego, CA. My wife and child moved to DeKalb IL. I was under orders with the US Navy and my wife wanted to go to school. After about 22 months (February 2009), I moved back to Great Lakes (Waukegan) Illinois, once again under orders, and my wife moved in with me in April. After about 3 weeks, we had a disagreement and I went to jail for domestic violence, later found to be disorderly conduct.

During the period from May 9 to October 26 I lived apart from my wife in base quarters. From 26 October to December 21 I lived with a friend. His family came to town and I had to go somewhere, so I went back to the place I pay rent, where my wife lives.

Because it's almost as expensive to get divorced as married (some cases more so) I have been waiting until my taxes come back to ensure our daughter does not go hungry because of the ordeal.

There is no question of fidelity from either of us, we just can't live under one roof anymore.

Now for the questions:

Will my living here affect our 2 year/ 6 month court mandated separation?

Being married for almost 5 years and separated for 29 months of that, what maintenance should I expect to have to pay and for how long?

I paid for her to go to school, which she has completed, I am still paying her student loans. Will that hold weight when considering maintenance?

My daughter will get whatever she needs, but for paperwork sake, what is the percentage due 1 child?

Which court fees can be waived if we represent ourselves and are in agreement on all matters?

As always, I appreciate your help and look forward to responses.

Merry Christmas,
-V

That's a question you should have asked before you moved back in with your wife.

However, I am not sure that it matters in IL. If my memory serves me accurately I believe its a six month waiting period in IL, rather than a six month separation period. However, do consult a local attorney to be certain.

 

[mistoffolees]

That's a question you should have asked before you moved back in with your wife.

However, I am not sure that it matters in IL. If my memory serves me accurately I believe its a six month waiting period in IL, rather than a six month separation period. However, do consult a local attorney to be certain.

That's not true.
Illinois Divorce Source: State Divorce Laws: Illinois

Illinois offers either fault or no-fault divorce. If it's a fault divorce, separation isn't required. If it's a no-fault divorce, it requires 2 years of continuous living apart. In a typically bizarre lawmaker twist, if they lived separate and apart for 6 months before the divorce is granted, the two spouses can have the 2 year requirement waived.

So if OP is talking about the normal separation before no-fault divorce, he's probably back to the start of the process. However, he mentioned 'court ordered separation' which sounds like it might be something different, so he will have to clarify.

 

[LdiJ]

That's not true.
Illinois Divorce Source: State Divorce Laws: Illinois

Illinois offers either fault or no-fault divorce. If it's a fault divorce, separation isn't required. If it's a no-fault divorce, it requires 2 years of continuous living apart. In a typically bizarre lawmaker twist, if they lived separate and apart for 6 months before the divorce is granted, the two spouses can have the 2 year requirement waived.

So if OP is talking about the normal separation before no-fault divorce, he's probably back to the start of the process. However, he mentioned 'court ordered separation' which sounds like it might be something different, so he will have to clarify.

Then we are back to my original comment. He should have asked the question BEFORE he moved back in with his wife.