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Old 09-20-2009, 10:18 PM
 
2 posts, read 5,292 times
Reputation: 10

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I have a couple of questions for you. Approaching 30 years in, she wants =
out and has agreed to NOT TOUCH Military pension or other assets in =
exchange for a quick(IL state mandate) 6 months divorce and to let her =
go to live her life. It's amicable at this point. Marriage started 20 =
years ago. Can this agreement/ settlement be accomplished through the =
courts in the state of IL or does the fed make the decision to give her =
50% regardless of agreement reached between spouses before filing? =
Second question is how can I find a good lawyer?
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Old 09-21-2009, 12:30 AM
 
Location: Not where you ever lived
11,535 posts, read 30,254,914 times
Reputation: 6426
First of all, you can write your own divorce. You pay the filing fees and see the judge. I've done it.
The easiest is No Fault. Secondly one of you must be able to prove IL residency for 90 prior to applying for a Divorce. A utility bill to the address in question is usually sufficient.

Illinois is an "equity" state. Do you have a Pre-NUptual Agreement?

They judge can give your wife anything he thinks is fair including spousal support. If you have minor children or property in Joint Tenancy, not Tenants in Common, you need to settle it before you go to court. If you own real estate together, one of you will have to Quitclaim (quit all claims to) the property one to the other. Settle all details, do the paperwork and have it Notarized before you walk into court. Neither may remarry before the divorce is final.

All judges want to see is clean, uncluttered facts and not whining. Every detail must be crystal clear: children, personal property, real property (real estate). vehicles (auto, RV, camper and boats), pets, debts, financial disclosure. You must include full names, birth dates, place of birth, Where you married, where each are domiciled (place of residence) now. If every detail is not crystal clear, the judge will deny it. No Fault means neither party is at fault. Do not place blame. The forms will get you started.


Illinois Divorce Source: State Divorce Laws: Illinois
Divorce Source: Online Divorce Forms and Divorce Filing Instructions
http://www.nnnt.com/newsite/pdfs/residential/quit_claim_deed.pdf (broken link)
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Old 09-21-2009, 06:24 AM
 
28,455 posts, read 85,346,203 times
Reputation: 18728
There really is no such thing as a "Federal" divorce, though there extra protections to those on Active Duty in the Armed Forces. My gut tells me that if you waive those rights, and your spouse complies with all the provisions of the State court, then the decree of the judge is what will matter.

Because it sounds like things are not contentious you and your spouse probably could sketch out everything and then simply call a local legal referral service run by a regional bar association OR a nearby law school and then pick a lawyer that sounds capable of helping you to ensure all the i's are dotted. Such advice should be fairly inexpensive and prevent any "revisting" of the issue down the road.
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