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Questions Answered by Brian W. Reidy
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
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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
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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
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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... 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
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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... 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
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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... 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
PREMIUM
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
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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
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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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2 Answers | Asked in Divorce for Illinois on
Q: My husband wants a divorce and also joint custody of the kids.

In order to survive I need to move in with my parents who live about an hour away. My husband is telling me I can’t do that but instead have to spend money on rent and buy a car - can he do that?

Brian W. Reidy
PREMIUM
Brian W. Reidy
answered on Nov 24, 2016

If nothing has been filed to start the divorce, it is merely talk at this point. Until a case is started, parties are free to move anywhere that they want. Your husband can ask that you return and the court would have to make a decision based upon your unique facts. The distance could make it... Read more »

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3 Answers | Asked in Divorce for Illinois on
Q: wife inhereited 4 mil, do I get any in a divorce?
Brian W. Reidy
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Brian W. Reidy
answered on Nov 24, 2016

Most likely no. Probably best to speak with a local lawyer to learn more of the specific facts.

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2 Answers | Asked in Divorce for Illinois on
Q: After several decades of marriage, my spouse and I are taking a one month break from each other.

s there anything I should get signed so when I move out nothing happens to my possessions is that one month? Also, that I can come back after a month?

Brian W. Reidy
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Brian W. Reidy
answered on Nov 2, 2016

Your house is "marital property," which means you both have equal rights to it and the items within the house. If there is anything irreplaceable (for example, something with sentimental value that cannot be replaced), you should have a discussion with your spouse about that specific... Read more »

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