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Can I hire a lawyer and file for divorce while still residing in the same house as my wife?
Anonymous8 views3 answers
I pay every bill, other than cable/intenet at my home. Even though my wife works and there are three grown children (all working), I get zero help and can't afford to live elsewhere. By the way ,I'm on unemployment.
Divorcing parties can live in the same household. It happens all he time. There is no reason you should be paying all he bills. Have your lawyer file a motion for contribution to marital expenses. Your assumption that you should move out is misplaced. The days of the husband moving out are long gone. You have just as much right to be in your home as your wife does.
I agree with the excellent advice you have already received. This addition is only designed to add to what has already been stated. Based on your Grayslake, IL address, I am making a presumption that you live in Lake County, Illinois. As has been stated, you do not have to move out and it is not fair for you (unemployment or otherwise) for you to be paying every bill but cable.
I would recommend you use your browser and complete an 11.02 Financial Affidavit. You can find a fill-in-the-blank PDF for our 19th Judicial Circuit of Lake County here: http://www.lakecountyil.gov/CircuitClerk/Publications/County%20Forms/Financial%20Affidavit.pdf This is a document that you complete as honestly and completely as possible and allows the Court to see you finances. This document will greatly assist the Judge in fairly and accurately dividing up initially the bills for your shared residence, but also will be helpful in dividing up the marital assets.
Divorce can be very expensive, or it can be somewhat reasonable. If you do not have minor children (under the age of 18) in the house, and can be somewhat reasonable, you can explore divorcing each other pro se (meaning without attorneys). I have assisted several folks with this process as more of a consultant and legal paperwork provider rather than one side's dedicated attorney. I would be happy to give you a free consultation and explain how this process works. If you have serious assets or either party is desiring or expecting maintenance (alimony), than you both are going to need attorneys. I live and practice in Lake County.
You can also go to the Waukegan Court house law library which has an excellent self-help center. These folks are not attorneys but can explain the paperwork necessary to begin a divorce action.
A word of advice. If your spouse files for divorce and you are properly served, do not take this situation lightly. An attorney representing your spouse is not your attorney at all and you really should obtain your own attorney at that point. Even with an attorney, read everything and make sure you understand it before you sign it. I have seen too many folks who thought getting an attorney was too expensive and decided to go it alone to save a fee in the short run only to encounter a very expensive reality of monthly payments in the low term.
I would be happy to help you if I can or refer you to an attorney who specializes in divorce if your unique situation calls for such a referral.
Good luck.