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Questions Answered by Brian W. Reidy

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 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 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 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 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 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 sure that you... 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 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 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 separate lawyers. Not sure... 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 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 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 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 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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5 Answers | Asked in Divorce for Illinois on

Q: Union says it won't accept qdro in divorce settlement. Can the union do this?

Brian W. Reidy answered on May 21, 2017

Yes, most likely. They can have certain requirements. Send them a letter requesting a "sample QDRO" or ask if they can provide you with specifics as to why they rejected the previous one so that you can fix it. QDROs can be very tricky and often frustrating for even the most experienced lawyer.

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3 Answers | Asked in Divorce for Illinois on

Q: Need to file for divorce. It is uncontested. What is a simple, cheap way to file.

Brian W. Reidy answered on May 1, 2017

Depends on your county. Some counties have help centers that are pretty good. You may find limited scope services to be valuable where you hire an attorney to assist with certain aspects of your case, but you would ultimately represent yourself.

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3 Answers | Asked in Divorce for Illinois on

Q: Is it necessary when getting a divorce that both parties involved have their own lawyer , irreconcilable difference

We have 1 child. He has no job. Everything is in my name. I have yet to contact a lawyer due to working . He has . Should I get a lawyer.?

He was hurt at work and few years back got a pay out 100,000 went back to a different job got hurt out side of work. Going throw therapy no job and now... Read more »

Brian W. Reidy answered on Feb 23, 2017

Necessary? No. It is worth having a lawyer at least review the proposed final documents before you finalize it. Some lawyers offer "limited scope" services where you can pay for document review without full representation. It allows you to make sure you considered everything. Both parties should... Read more »

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3 Answers | Asked in Divorce for Illinois on

Q: I just filed for divorce and I want to purchase a house. Could my ex take the house during the divorce proceedings.

Brian W. Reidy answered on Feb 20, 2017

Short answer is yes and that anything is "possible." Usually people look at a settlement as a whole instead of each part. For example, if you got the house, maybe the spouse would get more of the retirement funds or cash. It would be best for you to speak with a local lawyer to learn more about... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for Illinois on

Q: Hi my name is Jonathan M and I was wondering what the age limit is for a child to represent themselves in court 4divorce

I am a student in school and I need to know what the age limit is for me to represent myself in court in my parents divorce situation and they have been involved in the court for 5yrs about now and I have been thinking it would be nice to hear what is being said about me right there and then... Read more »

Brian W. Reidy answered on Feb 8, 2017

You cannot represent yourself in a divorce because the divorce is between two adults. You can have an attorney appointed to represent you and report to the court, which it sounds like you already have a GAL. A child's "preference" as to which parent that they wish to live with is one of many... Read more »

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2 Answers | Asked in Divorce for Illinois on

Q: Im pregnant with twins! how can i get a divorce with no lawyer IL?I have no money at all! Does he have to help me pregna

Pregnant! I have an OP on him now hes trying to get one on me so he can get the house back! Hes wants to leave me broke and homeless

Brian W. Reidy answered on Jan 25, 2017

I agree with Prairie State Legal. You can also try to use the Illinois Supreme Court forms if you want to try yourself. Here is a link to the forms:

http://www.illinoiscourts.gov/Forms/approved/divorce/divorce.asp

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3 Answers | Asked in Divorce for Illinois on

Q: His it better if my spouse file for divorce first.

It's only been 3 weeks that we have been apart and are thinking about divorce.

Brian W. Reidy answered on Jan 24, 2017

No difference. Other than you "know" when things are going to start. Otherwise, the waiting can be the hardest part.

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3 Answers | Asked in Divorce for Illinois on

Q: My house was awarded to me in the divorce. How do I sell it without my ex knowing?

Brian W. Reidy answered on Dec 11, 2016

He will find out if his name is on the title whether it is sooner rather than later depends on a variety of things. The court can award you the property but getting his cooperation will make it easier to sell.

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