In many divorce cases, the court fees and attorneys fees become a part of the case. If spouses share their finances, it may make sense to take the total cost of hiring a lawyer and filing the case out of those joint finances.
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If one spouse has more money than the other, you may try to have them pay the total cost of the divorce as part of your case. Courts charge filing fees to help support the courthouse and its functions. Operating a court is expensive and requires a lot of courthouse workers and staff. While taxes help support these workers and operating costs, court fees also help keep the lights on.
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Courts also use filing fees as a way of making sure that filings are serious. Aside from the filing fees, there are other costs and expenses associated with a divorce case. Not only will you need to pay to have the court take up your divorce case, but you will also have to divide assets and potentially make payments to your spouse as part of the divorce case. The court will then divide these items so that each spouse takes an equal portion.
Assets you owned before the marriage or after the separation should not be included in this split. Prenuptial and postnuptial agreements may allow you to alter the split so you can take more assets. As part of a divorce case, one spouse may be asked to make spousal support or child support payments. If one spouse does not have a job or cannot work to support themselves because of a physical disability or because they spend too much time caring for shared children, the court may order one spouse to pay the other temporary or ongoing spousal support payments.
Many of these issues have complex legal repercussions, and you should always work with a divorce attorney on your divorce case. Attorneys may be somewhat expensive, but hiring an attorney may be better than losing additional funds because of mistakes or hurried decisions made without an attorney in your corner. Talk to a lawyer about your options for reducing the burden of paying for your divorce case. If you are considering filing for divorce in California, call the Law Offices of Bamieh and De Smeth today to discuss your case.
How Much Does Divorce Cost in California?
If you wish to file a fault-based complaint, Illinois offers 11 different grounds, which include:. Because Illinois courts rarely consider either spouse's fault as a basis for property division, most people don't bother listing any fault-based reasons for divorce. Once you have determined which type of divorce you want to file, gather the appropriate forms. The Cook County Circuit Court provides links to free forms on its website.
California Divorce Papers | Divorce in California | taira-kousan.com
Because each county in Illinois has its own specific forms, the state doesn't have a uniform set of domestic relations forms. At a minimum, however, you will need to file a Petition for Dissolution of Marriage written request for a divorce. The spouse that files the divorce petition is called the "plaintiff" or "petitioner," and the other spouse is the "defendant"or "respondent.
If you live in the greater Chicago area and will be filing in Cook County, you must file the following forms:. If you and your spouse settle your divorce before it goes to trial, Illinois law requires you to present your agreement and all related documents at a "prove up" hearing. During the hearing, you must be prepared to answer the judge's questions about how your agreement splits up the marital property and supply any requested documentation to support your answers.
The Illinois Legal Aid website provides a Prove Up Checklist , which is useful for making sure you have all the proper documents assembled for the court's review. Once you have filled out all the required forms for your particular county, you must file them with the clerk of court. In most jurisdictions, the clerk's office is conveniently located within the courthouse. Be prepared to pay your filing fee when you submit your documents to the clerk. It's best to take cash or a certified check, as most jurisdictions will not accept debit cards or personal checks.
Illinois law allows the filing spouse to "serve" the other spouse by private process server, sheriff's service, or publication. Sheriff's service is the preferred method of service in most Illinois counties. Once the sheriff has delivered your papers, you will receive a proof of service document, which you must file with the court.
If you can't locate your spouse, Illinois law also allows you to publish notification of the divorce in a local newspaper. Service by publication can cost several hundred dollars, however, so it's best to exhaust all efforts to track down an address before resorting to this option. A growing number of Illinois counties also require both sides to file a Financial Disclosure Statement with the court. The form, which requires each party to list out his or her assets and debts, streamlines the process of dividing marital property. See our section on Illinois Divorce and Family Law for more information on the process and related legal issues.
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Filing for Divorce or Separation
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