What do we need to do to legally finalize our divorce if we just move back to the state?

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What do we need to do to legally finalize our divorce if we just move back to the state?

We lived in IL the last 5 years of our mirage. While we were separated for almost 2 years we moved to FL but are now back in IL. We have already agreed to all terms we just need to make it legal. Do we need to wait or do anything since we lived in FL and have a bankruptcy still being finalized?

Asked on September 26, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well first I think that you need to speak with the trustee and the bankruptcy attorney in Florida.  There are certainly many more deductions that you would be permitted as filing jointly - which is what you did - than if you filed alone.  So I would make sure that the bankruptcy is at such a stage so that there could not be any problem with your separating and divorcing.  You do not want the trustee to think you file fraudulently.  Now, as long as you meet the residency requirements for Illinois you can file for divorce there, subject to all the other issues I raised above.  Good luck to you and your family.   


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