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Questions Answered by Brian W. Reidy
1 Answer | Asked in Divorce for Illinois on
Q: If I filed for divorce but none of the paperwork was turned in. how long do i have to turn it in?

I filed for divorce in december 2019 but have been too busy to turn the paperwork in, how long do i have to turn the paperwork in to the court i filed with? It was accepted by the circuit clerk the same day I e-filed.

Brian W. Reidy
Brian W. Reidy answered on Sep 18, 2020

There are some things missing from this question. When you filed your case, you should have received a case number from the clerk of court. If you filed in December and have not taken action, you are probably going to have to refile the case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Can dad give custody back to mom without paying for a lawyer or going to court?

Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way... Read more »

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.

If the child lived with mom, dad would...
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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: Is there such a thing of abuse of primary authority of decision making of minor children?

Our child had braces about 5 years ago and now has them again but my ex doesn't feel there is enough progression (3 months) and wants them taken off and a new type put on. We have already entered in a 2 year contract with the Orthodontist and insurance has already paid their portion. This... Read more »

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

It may not be abuse, but it certainly is a basis for you to seek a modification of your financial responsibility. Given the facts that you have presented here, I believe a judge would not hold you responsible for 50% Or any other amount if you file a timely motion. You might also consider filing a... Read more »

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 »

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

You will not lose your children based upon your health as stated in this question. A change in custody does not happen without a significant change in circumstances. I judge can consider everything reasonable but based upon what you have stated in this question it is highly unlikely that you will... Read more »

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2 Answers | Asked in Child Custody and Family Law for Illinois on
Q: Can my child move in with me even though his mom has primary physical custody?

We have 50/50 custody, but were never married and she has primary physical custody. We all live in the same town. He's 14 and wants to live with me. Is he free to do so, or do I need to go to court first?

Brian W. Reidy
Brian W. Reidy answered on May 7, 2020

Your child can move in with you if both you and your ex agree. Your child cannot “decide” where to live. You and the other parent can agree, but it is best to put any modification agreement in writing. Even better would be to submit the modification to the judge to sign. There are some other... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: How can my pension payment after divorce be right, it's not what the decree stated?

Pension Payment To Ex-Wife Can't Be Right

When I got divorced (m1980-d2001) the divorce decree under the section PENSION AND RETIREMENT BENEFITS stated:

The wife shall receive 50% of the marital portion of husband's pension/retirement plan and 401k plan that has accrued... Read more »

Brian W. Reidy
Brian W. Reidy answered on Oct 1, 2019

Did you have a lawyer at the time of the divorce? That would be a good place to start. Otherwise, you should look for someone close to you that can review your documents and try to sort things out. It is hard to say what is "right" or "wrong" without looking at the relevant... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: divorce needed

divorce needed both parties married in state of New Jersey, husband residing in Illinois for past 8 years, wife still in NJ no kids no property involved no contest. Can you do this or do you of attorney who can?

Brian W. Reidy
Brian W. Reidy answered on Oct 1, 2019

If one of the parties lives in Illinois, a divorce can be completed in Illinois. I recommend that you look for a lawyer close to you, or if you are interested in doing it yourself you can use the Supreme Court Approved Forms. You can google search "Illinois Supreme Court Approve Forms for Divorce."

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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?
Brian W. Reidy
Brian W. Reidy answered on Sep 16, 2019

Based on your question, there is no way to know if the house was ever transferred into both parties' names. If this situation is for you or someone you care about, there are some critical facts needed before an attorney could help you without simply guessing some critical facts. It would be... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: My daughter is getting a divorce. Her boyfriend gave my other daughter 5000 for a retainer for the lawyer.

He said it would look bad if the money came from him. My daughter took the cash and deposited in her account. Then gave the boyfriend a check for the 5000 dollars . The daughter getting the divorce filled out the name of the attorney and gave this as a retainer. Because my other daughters name was... Read more »

Brian W. Reidy
Brian W. Reidy answered on Sep 22, 2018

This is a bit confusing, but legal fees in a divorce can be awarded by the court. If one side has money for a lawyer, the other side should be entitled to get a lawyer. May be best to have your daughter speak with her attorney about this and be clear where the money came from. Her attorney should... Read more »

2 Answers | Asked in Family Law and Child Custody for Illinois on
Q: If my son's mother has been charged with a misdemeanor & her bf has also and has past charges can I get sole custody?

I recently found out she was charged with a class 1 misdemeanor and he was charged with possession of marijuana 1 ounce to 1 pound . Her boyfriend has alot a criminal record he was arrest for possession of controlled substance, domestic battery and unlawful restraint to the mother of his child.... Read more »

Brian W. Reidy
Brian W. Reidy answered on May 21, 2018

It is possible. The judge will look at the whole picture before making such a big decision.

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2 Answers | Asked in Divorce for Illinois on
Q: Do I have any rights to a vehicle we bought when we were married both our names We bought it with his Inheritance

My husband and I have been separated for over year. We bought a vehicle with his inheritance when we were together do I have to return it to him

Brian W. Reidy
Brian W. Reidy answered on May 21, 2018

Yes.

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2 Answers | Asked in Divorce for Illinois on
Q: my husband was incarcerated for 7rs and I provided for him financially, would I be able to receive any type of repayment

do we have to be legally separated in order to get a divorce?

and do we have to seek counseling first?

Brian W. Reidy
Brian W. Reidy answered on Dec 14, 2017

Not likely.

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1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Illinois on
Q: How to press charges on a step parent who took a child without permission. My lawyer doesn't know how to

This has been an going case for 3 years. My ex and I have a child together and I have another child who is not his and he has not adopted nor is he on the birth certificate.

Brian W. Reidy
Brian W. Reidy answered on Dec 14, 2017

"Pressing charges" usually refers to a criminal matter and that decision belongs to your County State's Attorney. Hard to tell what happened with the facts presented, but you may need to call the police if an unauthorized person took your child. If you have an attorney, please make... Read more »

3 Answers | Asked in Divorce for Illinois on
Q: does spouse have to be served to complete a divorce?

He won’t give me an address and told me to do the divorce without him.

Brian W. Reidy
Brian W. Reidy answered on Nov 5, 2017

If you are speaking with him, do you know where he works or hangs out? If so, a process server with experience might be able to find him and serve him, which will save you the hassle of service by publication.

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2 Answers | Asked in Divorce for Illinois on
Q: If Marital Agreement Is Signed By Wife Can She Change Terms on Day Of Court

If the wife agreed and signed to the Marriage Settlement Agreement written up by our lawyer on the day of court can she go and want to change the terms of it?

Brian W. Reidy
Brian W. Reidy answered on Aug 21, 2017

Yes. An agreement is not really "final" until the judge approves of the agreement and signs it. Even if the parties agree on "everything," the judge has the authority to not enter the agreement in rare cases. Without knowing more, it is hard to tell. You should each have... Read more »

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: My husband and I have been married for 6 years. I make double the amount of money he does. Will I have to pay alimony?

We have 1 child together and he has another from a previous relationship. He pays $350/month to his ex plus half of all other expenses for that child but this IS NOT court ordered. They don't have any legal documentation of this arrangement as they were never married and never filed any legal... Read more »

Brian W. Reidy
Brian W. Reidy answered on Aug 21, 2017

You may have to pay maintenance, but maintenance is not guaranteed. In order to give a better answer, an attorney would need more facts. I suggest that you look for some local attorneys and consult with a few. Some may offer no cost consultations and others charge. Find someone that works best for... Read more »

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2 Answers | Asked in Divorce for Illinois on
Q: Had a spouse I am separated from drain all of my back accounts and left me penniless. Took $30,000. What can I do?

Filing divorce but want to know if the courts will order him to pay any of it

Brian W. Reidy
Brian W. Reidy answered on Jul 7, 2017

If this happened recently and you believe that your spouse still has some of the money, you can ask the Court to issue a temporary restraining order to prevent your spouse from spending it. If the money is gone, then the Court will likely consider it when dividing the debts and assets that are... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: I need some legal information about divorce.

My husband and will file a divorce, but he wants to have a spousal support. I do not have that income that I can afford what he wants. Thus, I think that we will have to go through the court process. I do not afford a lawyer. Is there any way that I can have the court without a lawyer?

Brian W. Reidy
Brian W. Reidy answered on Jul 5, 2017

Yes, you can go to court without a lawyer. You may want to look into limited scope representation, or try to seek out more information at a law library close to you. Very difficult to give a true answer without knowing more. A small investment with an attorney may help more than you realize. Best... Read more »

3 Answers | Asked in Divorce for Illinois on
Q: if I file for divorce how do I find out if my husband has a secret safty deposit box somewhere? Thank you Judy
Brian W. Reidy
Brian W. Reidy answered on Jun 2, 2017

Ask using Interrogatories. If you believe that he has a safe deposit box at "XYZ Bank" a subpoena can be sent to the bank to confirm. You will need the court's permission to send a subpoena without an attorney.

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