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Illinois Divorce Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

1 Answer | Asked in Divorce for Illinois on
Q: How can I file for divorce if I can't find my spouse? She lives in another country but we got married in Illinois.
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jul 19, 2022

You would merely file for divorce and serve your wife via publication in a newspaper that is approved by the county in which you file. You will likely need an attorney.

1 Answer | Asked in Divorce for Illinois on
Q: What do I do if the sheriff I sent a divorce summons to serve does not properly serve or send a receipt of having serve

I have filed for divorce and mailed the summons, as directed, to the sheriff of the county the individual being summoned is in. The sheriff however did not properly serve the individual, has no record of serving, and upon my calling to check on the situation, I was met with dead answers and I dont... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 31, 2021

Did you include the Petition for Dissolution with the Summons? Did you pay the Sheriff's fee and mileage cost, if any, in advance? Depending on what county you want the service to be made in, you could go online to see if there are any special process servers in that area. If so, hire one.... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: Opposing counsel submitted discovery responses after court-ordered deadline. Do I have any recourse?

We are very close to settlement. Prior to last court appearance, I submitted all discovery responses and made the appropriate filings. Opposing counsel missed the deadline and asked for more time. Judge gave her til 12/20. She submitted discovery responses on 12/20 but was missing interrogatories... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 29, 2021

I don't think "defensive" is the correct word. It's more like you may be expecting too much rigidity from the legal system. Discovery deadlines are not like a railroad that runs perfectly on time. Non-lawyers are often too technical and expect 100% timely compliance. In reality,... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: Wife and I are getting a divorce. We bought the house after we were married. She wants to keep the house which is fine.

I know she will have to buy me out. She tried to refinance but couldn't. What happens if she can't refinance and won't agree to sell the house?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 29, 2021

If you can agree to a future buy-out price, you could give her 36-48 months to refi. By that time, she might be in a position to get the financing. If she cannot, then she would have to sell. You'll still be on her mortgage, but you will remain a co-owner and be able to share in any upswing in... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: Can you sue an affair partner for emotion distress?

My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 7, 2021

No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Illinois on
Q: I own a single member llc in illinois and only my name is on it as CEO. If I get a divorce, will my then ex get the biz?

So, my current husband is abusive emotionally and just now physically. I own a llc, just started it. My question is: if I get a divorce, is there anyway I can protect my business from him getting anything from it? He goes from job to job a lot. Thank you

*EDIT* so all the funds that went... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 3, 2021

Your question is almost impossible to answer without knowing more facts. For example, how much marital money went into funding the business? Does the business have a value? Is the business totally reliant upon you? In other words, if you stopped working at it, would the business collapse? There are... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Can I sign the rights to my children over to their mother?
James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2021

No. Even if you could it would not terminate your obligation to pay support.

1 Answer | Asked in Divorce for Illinois on
Q: In divorce judgment in addition to child support, we have provision where we split uncovered medical expenses 50/50.

That still continues, correct, once they turn 18 and as long as they are still covered under a parent's health insurance?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Nov 6, 2021

Without knowing what your Judgment says, in the world of divorce law (as opposed to insurance coverage benefits), responsibility to pay for children's health costs typically ends at age 18, unless the child is a full time college or vocational school student.

1 Answer | Asked in Divorce for Illinois on
Q: I am getting a divorce. In 2018 my spouses father died but before he did he quitclaim deeded him his home. Now my

husband is being sued about the home and other things by the estate. Am I liable? I’m not included in the lawsuit but now that I’m getting divorced I’m worried I may be responsible if he loses.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Oct 29, 2021

Your question cannot be answered authoritatively until all of your facts can be learned. However, based upon the facts you have provided, I think it is safe to say that you have no personal exposure. Your husband will be spending marital funds to defend the case brought by the estate, and this is... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: What does” she would pay child support in reserve “mean in this paragraph exactly

Yes I meet with him. He did indicate he would be willing to allow her to stay in the house until Ava graduates. He would pay the mortgage ( including taxes and insurance) shoe would pay utilities and child support reserved. He would exercise his parenting time at the house. Can talk Thursday... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Oct 13, 2021

"Child support reserved" used in this way means that the question of child support will be decided at a later date, with neither party losing any rights because the decision was delayed.

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1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: If I were to separate from my wife, would she be entitled to any of the down payment my father put in the house?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Oct 1, 2021

Are you and your wife both on title to the house? If so, your father could get repaid if the money he gave toward the house was a loan. Are you making regular payments to him to pay off this loan? Very important. Consult in person with a divorce lawyer.

1 Answer | Asked in Divorce for Illinois on
Q: Spouse filed for divorce, I signed, but spouse won’t. What can I do?

My spouse retained an attorney and filed a petition for dissolution of marriage (Illinois). I have not retained an attorney due to financial constraints, but I negotiated with my spouse directly. My spouse had her attorney revise the proposal based on our negotiations and had it sent to me again... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

It is not possible to determine what holds up the signing by the other party which was agreed to be signed by both. Possibly you need to discuss legal methods to facilitate that signing or case completion with a counsel of your choice even remotely.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter is 18 and graduated this coming up June. I just found out she will be not going to school after January 1st

Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Sep 8, 2021

I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: If I have been married for 4 years and my husband is on the title and mortgage, is he entitled to half the house?

The home was mine since 2001. He did not move in until 2017. Is he entitled to half the growth since 2017 or half of all the profit?

Daniel J. Kollias
PREMIUM
Daniel J. Kollias
answered on Aug 3, 2021

Based on the information you have provided, I am inclined to believe the house is your non-marital property, but that's not necessarily all there is to it. As much as I hate to answer a question with a question, I would also want to know whether he paid down the mortgage and whether he... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: If a spouse signs a quitclaim deed during a divorce, would he/she lose the house as a leverage in negotiations?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jul 31, 2021

No. The house remains as much a marital asset (subject to equitable division between the parties) as it was prior to the signing of a quit claim deed.

1 Answer | Asked in Divorce for Illinois on
Q: Is there a template or instructions on a correct way to write and file a counterclaim to a disolution of marriage petiti

I am in illinois. I cannot find a form to fill out and file for a counterclaim to a dissolution of marriage petition anywhere. Is there any instructions for someone pro se could get some help with this?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Jul 24, 2021

Is is identical to a Petition for Dissolution of Marriage, except it is called a Counter-Petition for Dissolution of Marriage. The parties are referred to as Petitioner and Counter-Respondent and Respondent and Counter-Petitioner. This is both in the caption and throughout the document.

If...
Read more »

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: 34-yrs married, $3M+ assets. Tell me more about "equitable" split. 50/50 is far from equitable all things considered.

I'm 57-yrs old. My highest wage earning years are behind me. All real estate holdings acquired were made possible by my earnings over last 30-years. Likewise all improvements, management, etc, have been and are 95% on me. Retirement is 401K along with rental properties. I would need no less... Read more »

Daniel J. Kollias
PREMIUM
Daniel J. Kollias
answered on Jun 3, 2021

The law does not require a 50/50 division. The court has the authority to divide marital assets and debts based on what is fair and equitable. The law lists several factors that the court may consider in making that determination, many of which you touched upon in your question.

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1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Hi in my divorce it said no parent is to pay child support but now I am being sent papers for child support can they do
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on May 18, 2021

If you have an Illinois divorce, your papers CANNOT say that no parent is to pay child support. The most it could say along this line is that Child Support is Reserved. This means that either party can come back to court after the divorce to establish a child support obligation.

1 Answer | Asked in Tax Law, Divorce, Identity Theft and Small Claims for Illinois on
Q: Can I be forced to pay back the money my soon to be ex husband gave by court order when he filed joint tax return?

We are going through a nasty divorce which entails financial abuse, psychological abuse, mental abuse and sexual abuse. I told him and his then attorney (now fired or she quit, not sure which) that I was not going to file a joint tax return. I found out that he filed a joint return without my... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Apr 14, 2021

Your question is difficult to answer because your husband could not have filed a joint return properly without obtaining your signature on the joint return.

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