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A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?
answered on Nov 6, 2024
With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More 
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.
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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?
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."
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... View More
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... View More
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... View More
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.... View More
answered on May 21, 2018
It is possible. The judge will look at the whole picture before making such a big decision.
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
do we have to be legally separated in order to get a divorce?
and do we have to seek counseling first?
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.
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... View More
He won’t give me an address and told me to do the divorce without him.
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.
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?
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... View More
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... View More
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... View More
Filing divorce but want to know if the courts will order him to pay any of it
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... View More
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?
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... View More
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