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Divorce Where To File?

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findmeausername

Junior Member
What is the name of your state? CALIFORNIA

I am at a lose and would like to know I am living in California but I was married in Illinois.
I need to get a Divorce it wil be a NO FAULT and there are no children and nothing to divide its just a simple sign the papers on each side.(he can have it all I just want out)

1. Where do i file ? CA OR IL
2.How long until it would be final ?
3. I am going to divorce from this end or rather I am doing the filing, as he can't get his act together but although we remain friends he does have a felony charge will that puch things threw quicker for me or does that make a differance please?
4. as its simple should I hire a Lawyer or do it myself online?
5. What would be a realistic price to pay for the Divorce? in total?

Thank you
 


I AM ALWAYS LIABLE

Senior Member
findmeausername said:
What is the name of your state? CALIFORNIA

I am at a lose and would like to know I am living in California but I was married in Illinois.
I need to get a Divorce it wil be a NO FAULT and there are no children and nothing to divide its just a simple sign the papers on each side.(he can have it all I just want out)

1. Where do i file ? CA OR IL
2.How long until it would be final ?
3. I am going to divorce from this end or rather I am doing the filing, as he can't get his act together but although we remain friends he does have a felony charge will that puch things threw quicker for me or does that make a differance please?
4. as its simple should I hire a Lawyer or do it myself online?
5. What would be a realistic price to pay for the Divorce? in total?

Thank you


My response:

How long have you been in California? How long have you lived in your County?

IAAL
 

findmeausername

Junior Member
Reply

Thank you getting getting back to me.
I have lived here this time neally 4 months and before that wemt back to Ilinois for 6 motnths prior to that I was here in California 7 months total.
The the total time here in California is roughtly 12months give or take a few weeks but with a 6 months gap.
 

I AM ALWAYS LIABLE

Senior Member
findmeausername said:
Thank you getting getting back to me.
I have lived here this time neally 4 months and before that wemt back to Ilinois for 6 motnths prior to that I was here in California 7 months total.
The the total time here in California is roughtly 12months give or take a few weeks but with a 6 months gap.

My response:

You MUST be a resident of California for 6 months, continuously. Also, you must be a resident of your County for 3 months, continuously. "Total time" doesn't count.

You don't qualify to file in the Superior Court at this time. If you do, your filing will be rejected.

IAAL
 

LdiJ

Senior Member
findmeausername said:
Thanks
So Guess I need him to file the Divorce in Ilinois ?
Or whats the options please?
No, you don't need to file in IL necessarily...you just need to wait another two months (assuming that you have lived in the same CA county for the last 4 months)...then you can file in CA.

Honestly, filing in IL could be really complicated for you at this point, and might not make any real difference in the amount of time that it ends up taking to finalize your divorce.

You are already "out"...you don't live with your spouse any longer. All you are waiting for is a piece of paper making it offical. Unless you are worried up your ex racking up debts in your name (which you could fix by cancelling credit cards etc.)...then take a big deep breath and wait out the two months.
 

findmeausername

Junior Member
Yes I tend to agree with you.
Could you tell me when I do file the averge time it will take to finalise any ideas or whats the normal amount of time? as it will be a NO FAULT.

Do I have to do anything in the mean time how do I get a legal separation or does that go hand in hand with the Divorce filling.

Julia
 
Last edited:

I AM ALWAYS LIABLE

Senior Member
findmeausername said:
Yes I tend to agree with you.
Could you tell me when I do file the averge time it will take to finalise any ideas or whats the normal amount of time? as it will be a NO FAULT.

Do I have to do anything in the mean time how do I get a legal separation or does that go hand in hand with the Divorce filling.

Julia

My response:

You don't have to worry about your dissolution being 'No Fault'. California doesn't require "fault". All you need to do is check the box on the form that's next to "Irreconcilable Differences."

The minimum amount of time for a dissolution to become final in California is 6 months from the date of filing. It could take longer in specific circumstances.

The same form is used for Legal Separation. But, why would you need a Legal Separation unless it's due to religious or tax reasons?

IAAL
 

findmeausername

Junior Member
The legal separation was just something that I had seen and head a few times and I must of assumed incorrectly I thought that you had to maybe file a form to prove that you were separated to make it offical whilst the divorce was pending I must of got the wong end of the stick.

Thanks to both of you very helpful.
 

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