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Questions Answered by Daniel J. Kollias
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
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 »

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
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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2 Answers | Asked in Divorce for Illinois on
Q: Me and my spouse will be filing for divorce. He insist. I just remove my name off the mortgage. I want to be bought out.
Daniel J. Kollias
Daniel J. Kollias answered on Jul 8, 2020

Don't do anything without speaking to a lawyer first.

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3 Answers | Asked in Divorce and Family Law for Illinois on
Q: I am pregnant but my lawful husband is not a father. Who will be mentioned as a father on birth certificate?

Hello. I separated from my husband 6 months ago but we haven't been divorced yet. I found that I am pregnant with my new boyfriend.

Who will be mentioned as a father on birth certificate?

Do I have to put the name of my current lawful husband or I can put the name of... Read more »

Daniel J. Kollias
Daniel J. Kollias answered on Jun 1, 2020

You can put the name of the biological father on the birth certificate. He will have to sign a Voluntary Acknowledgment of Paternity.

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3 Answers | Asked in Divorce for Illinois on
Q: Uncontested divorce Illinois. Attorney refused to represent me

My husband & I are divorcing and have agreed on terms as far as marital property division and maintenance. The attorney I hired, after reviewing the tax returns and agreement, has refused to represent me. He says that I am eligible for much more according to the law and that a judge wont... Read more »

Daniel J. Kollias
Daniel J. Kollias answered on May 21, 2020

A judge must determine that the settlement agreement is fair and equitable prior to approving it. If the agreement is unfair or inequitable, the judge can reject it.

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3 Answers | Asked in Divorce for Illinois on
Q: Is there a way to save for a divorce while still married? Can I transfer to an account that just has my name on it?

Can I pretend like I’m paying my parents to watch my kids?

Daniel J. Kollias
Daniel J. Kollias answered on May 15, 2020

Don't do it.

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2 Answers | Asked in Arbitration / Mediation Law, Divorce and Estate Planning for Illinois on
Q: My wife divorced me in secret I still have got no notice of any part of a divorce. Is this legal
Daniel J. Kollias
Daniel J. Kollias answered on May 12, 2020

If it's a secret about which you have no notice, how do you know about it? Having said that, if you truly haven't received any notice, then you can file a motion to vacate any judgment that has been entered against you. I recommend contacting a divorce lawyer who practices in the county... Read more »

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3 Answers | Asked in Estate Planning and Divorce for Illinois on
Q: Do I have rights to the marital home if it was purchased before the wedding, it is in a trust, and I’m not on the title?

The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?

Daniel J. Kollias
Daniel J. Kollias answered on May 11, 2020

The answer depends on the nature of the improvements you contributed to, and the amount of money spent on them. There are also some other relevant questions, such as whether you contributed to the down payment of the house, whether you co-signed the mortgage, etc.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... Read more »

Daniel J. Kollias
Daniel J. Kollias answered on May 4, 2020

The answer to your question "will I lose custody" depends on several factors. While your health and ability to care for your child is certainly one of those factors, based on what you have indicated in your question, it alone is not likely to be dispositive of the issue . My firm offers... Read more »

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