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Questions Answered by J. Richard Kulerski
1 Answer | Asked in Divorce for Illinois on
Q: Daughter turns 18 Nov graduates Jun. Can I file for divorce in Nov with Jun stipulations, or must I wait until Jun?
J. Richard Kulerski
J. Richard Kulerski
answered on Dec 10, 2019

You can file whenever you wish.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 9, 2019

It is unlawful for you to permanently remove the children from the state of IL without permission from the Court or without the father's consent.

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1 Answer | Asked in Divorce for Illinois on
Q: I filed for divorce in illinois pro se. I just learned about a QDRO. will the judge automatically require the QDRO?
J. Richard Kulerski
J. Richard Kulerski
answered on Dec 4, 2019

A QDRO is for the benefit of the spouse who is receiving a portion of his or her spouse's qualified retirement benefits. It is the receiving spouse that must make sure the judge orders a QDRO.

2 Answers | Asked in Divorce for Illinois on
Q: I have a judgement for Legal Separate with my wife. How to I go about making it a divorce?

My wife and I decided not to divorce so she can stay covered under my health insurance. So we are legally separated with two children. We already have a Financial Agreement and Parenting Agreement. Now I want to change our status from "Legal Separation" to "Divorced". Do I need... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 4, 2019

You could probably do it on your own, but it would be frustrating and difficult. The fact that you already have a Legal Separation does not make getting divorced all that much easier. Fighting shouldn't be a factor, but there are still papers that have to be prepared and filed properly, not to... View More

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: My husband pays support as well as Health insurance for kids. Braces are not covered by our plan. Does he have to pay

For half of the cost? It's considered cosmetic and not needed for health reasons. We live in Indiana

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 23, 2019

I assume your husband got divorced in IL because you placed your question in the Illinois law category. My answer does not apply if IN law were to apply in your situation.

The answer should lie in the language contained in his Judgment. Whether or not it covered by insurance has nothing to...
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1 Answer | Asked in Divorce for Illinois on
Q: If the lawsuit is considered marital property, then what is the percentage the other person would be awarded?

I understand they get a percentage of back pay!

Like would they be able to get a percentage of pain and suffering ,punitive damages or emotional distress. And if so is there a certain percentage?

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 14, 2019

There is no set percentage. The non-injured spouse is likely to be awarded a portion of the award, but it is typically not a 50-50 thing. The division is up to the judge and is dependent upon the various elements upon which the recovery is based.

1 Answer | Asked in Divorce for Illinois on
Q: In Illinois is a unawarded Federal wrongful termination lawsuit considered marital property in divorce?

We have been going through divorce for a year and half. My lawsuit wasn't filed till after our separation.

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 13, 2019

Yes, it is a marital asset if the wrongful termination occurred during the marriage - whether separated or not.

2 Answers | Asked in Divorce for Illinois on
Q: IL Divorce- What forms needed to show judge we don’t want 401k from spouse or for them to pay our cc debt?

Spouse and I are in complete agreement on non-simplified divorce in IL. We want to each be responsible for debts only in our names and neither of us want half of the other’s 401k. We want to be able to settle our divorce without splitting the debt or taking half of retirement

.What... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 19, 2019

Sorry, but here are no such forms for your purposes. What you need is a Marital Settlement Agreement, and this has to be hand-crafted.

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1 Answer | Asked in Divorce for Illinois on
Q: Can my soon to be ex husband be prosecuted for having a baby by another woman?

My Husband mistress announced on Facebook and it has torn me to piece s.What can be done?

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 17, 2019

I believe that adultery is no longer a crime in IL. In any event, I sincerely doubt if the prosecutor in your County would bring charges. I have never seen it done. You would be wise to speak with a mental health professional to lessen the trauma you are understandably experiencing. They can... View More

2 Answers | Asked in Divorce for Illinois on
Q: How is real estate equity divided after a divorce if one spouse owned the house with equity prior to marriage?
J. Richard Kulerski
J. Richard Kulerski
answered on Sep 11, 2019

It makes a huge difference if the spouse who owned the property prior to the marriage ever transfered co-ownership to the other spouse during the marriage. This is a vital fact that you have not provided. If he or she did put the property in co ownership, then the property is most likely a marital... View More

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1 Answer | Asked in Divorce for Illinois on
Q: In il ,self employed .new cliant and recieved first check from them way earlier then expected.

Should i wait to deposit till after i file which i am going to aproach her and tell her its time and get it done quickly . which we are on very good terms and she knows its comming still but dont wsnt to giver her any amo. or does it matter.i have a prenup from 25yrs ago before we got married which... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 16, 2019

Whatever you are trying to avoid will not be avoided by waiting to deposit the funds until after you file. If the funds to be deposited are marital or not, the mere filing is meaningless and makes no difference.

1 Answer | Asked in Divorce for Illinois on
Q: We are trying to settle out of court but differ greatly on the division of marital and non marital assets.

Spouse 1 - pension of $5900/month

Spouse 2 - pension $5200/month

Marital Property/Assets = $1,000,000

Spouse 1 - $360,000 in non marital funds thru inheritance

Spouse 2 - will receive $100,000 in inheritance from parents life insurance policy within the next 10-15... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 16, 2019

I do not know what your question is, but one thing is for sure: Spouse Two's $100,000 "inheritance" does not matter in any way until it is received.

2 Answers | Asked in Divorce for Illinois on
Q: What does summons retd ns mean in a divorce? Does that mean the divorce was cancel.?
J. Richard Kulerski
J. Richard Kulerski
answered on Aug 13, 2019

No, it does not mean the divorce is cancelled. It merely signifies that the Summons was not served. The party that filed the divorce may cause an Alias Summons to issue, and this can continue until Service is had.

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2 Answers | Asked in Divorce for Illinois on
Q: I am currently trying to divorce my husband he was telling me husabnd not allowed to tell me the lawyer's name or number

Normal for a divorce lawyer do not give the spouse a number or a name?

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 2, 2019

Your husband is pulling your leg. He probably hasn't actually hired a lawyer and is just pretending that he has. No lawyer would ever tell his or her client that they shouldn't disclose their identity to the client's spouse.

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2 Answers | Asked in Divorce for Illinois on
Q: Petition for divorce was entered and Date set. Decided not to get divorced but now want to proceed. How do I reopen?

appearance was set for late November 2019.

J. Richard Kulerski
J. Richard Kulerski
answered on Jun 10, 2019

The answer to your question would depend on whether you caused your case to be dismissed, and how and when it was dismissed. You have not furnished enough facts to enable a responsible answer. Filing a new case may be easier than trying to revive the first case.

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2 Answers | Asked in Divorce and Estate Planning for Illinois on
Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?

Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings... View More

J. Richard Kulerski
J. Richard Kulerski
answered on May 26, 2019

If you want your pre-nuptial agreement to be valid, you MUST list ALL of your assets. It's for your own protection. Besure to provide in your agreement which state's law will apply in the event of a divorce. You can specify this. A lawyer can advise you how to handle assets acquired and... View More

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Can a spouse receive alimony in IL from a spouse who receives VA service-connected disability compensation?

Married 16yrs, separated for 17 months. Spouse of veteran hasn't had employment for 10 years. Spouse needs time to train for employment all over again to re-enter the job force.

J. Richard Kulerski
J. Richard Kulerski
answered on May 20, 2019

Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.

2 Answers | Asked in Divorce and Estate Planning for Illinois on
Q: Do you need to declare liquid assets that have a beneficiary in a prenup in illinois (bank accounts and retirement)?

Don't want my fiance to know my assets but want a prenup - is there any solution?

J. Richard Kulerski
J. Richard Kulerski
answered on May 19, 2019

If you are merely the beneficiary, the asset is not yours and you do not have to list it. However, if it is your account and someome else is the beneficiary, then you should and must list it. Doing so is for your own protection going forward.

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2 Answers | Asked in Family Law and Divorce for Illinois on
Q: how long do you have to be separated for it to be considered legal
J. Richard Kulerski
J. Richard Kulerski
answered on May 17, 2019

It can never be a Legal Separation unless a specific Judgment for Legal Separation is entered by a court. You can live apart for 70 years, and all you are is living apart. Time does not make a separation "legal" only a Judgment can do that.

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1 Answer | Asked in Divorce for Illinois on
Q: I'm looking for a good experience divorce lawyer in Kankakee County.

We are approaching Retirement and both have retirement money, my wifes is much more since we burnt through my stocks and investments while I was sick.

We have a house that need updating to sell and get rid of damage from my wifes cats for years.

She needs to move her and cats out... View More

J. Richard Kulerski
J. Richard Kulerski
answered on May 11, 2019

You really should consult in person with a divorce lawyer who will be able to learn all of the facts of your situation, and then advise you accordingly. However, some of your questions can be answered based on the info you provided.

Your wife's retitement funds are a marital asset,...
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