Questions Answered by J. Richard Kulerski Esq.

Q: Married 21 years & divorce in June of 1999. X passed April 20, 2016. Name Fidelity Beneficiary. Fidelity states not.

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 23, 2017

Your question, as it reads, cannot be properly answered in this Forum. Consult with an attorney in person and tell him or her ALL of the facts of your situation, and give the lawyer the benefit of reading your Judgment for Dissolution.
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Q: Hello, my ex wife is threatening to take me back to court to enforce college expenses,

1 Answer | Asked in Divorce and Child Support for Illinois on
Answered on Mar 23, 2017

There are many factors to consider when determining each parent's obligation to contribute to college expenses, and these are best discussed, in person, with an attorney who can learn all of the facts of your particular situation. However, to answer just the questions you asked, full discovery is allowed in these cases. If you had remarried, they could look at your new wife's income and financial wherewithal to determine how much you should pay. You have not remarried, so your girlfriend's...
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Q: IMy divorce was finalized in Will Co Il Oct 2016 and my spousal maintenance was based on him being in assisted living

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 22, 2017

Run, don't walk, to an experienced divorce attorney in Will County and explain your situation to him or her. You may be able to establish fraud and, perhaps, get relief.
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Q: RE: -750 ILCS 5/530(d)1...Is it true no judge factors this into a settlement? That is what current counsel tells me

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Mar 22, 2017

I'm sorry, but your question is unanswerable because you have not provided enough facts for us to grasp a proper understanding of the situation. Only your attorney knows the facts of your case, and only he or she fully understands the context in which the opinion was given.

With your particular needs, this Q & A forum is not the place for you. If you are unhappy with your present lawyer's answer, you should really consult, in person, with another attorney. This is the only way you will...
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Q: I have an open civil lawsuit against previous employer, if a settlement comes from it, is that divisible in a divorce?

2 Answers | Asked in Divorce for Illinois on
Answered on Mar 22, 2017

If the lawsuit is based upon a happening that occurred during the marriage, any award you receive would be a marital asset and subject to division between you and your spouse. However, this does not necessarily mean it would be divided 50-50. Every case is different.
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Q: We would like to get a legal separation but cannot afford to live in different residences at this time. Illinois

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 21, 2017

Under the new law in Illinois, you do not have to be separated at all unless one party does not want the divorce. In this situation, a separation of six months is required to establish irreconcilable differences.
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Q: I am divorced as of Dec. 2016. My ex was put into comtempt because he did not pay the lawyer as the MSA said

1 Answer | Asked in Child Custody and Divorce for Illinois on
Answered on Mar 14, 2017

It is not proper to answer your question because you already have an attorney. In addition, he or she knows much, much more about your situation than can be expressed in this forum. This makes any answer that you might get here to be incomplete and pure guesswork.

However, and for your general peace of mind, please know that it is not easy to modify parenting time if one party does not agree to it.
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Q: Can divorce be kept a secret from future wife or church?

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 10, 2017

It is difficult to answer your question because it is too broad. Please write back and provide some facts, which would describe the context in which the question is based.
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Q: What motions can I file?

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 7, 2017

What your spouse has done has absolutely NO legal effect whatsoever. You do not have to anything until you are served by a Deputy Sheriff or lawfully appointed process server. Do not file any Motions because that would involve your filing an Appearance, and that is something you don't have to do until you are served properly.
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Q: If you were divorced in 2012, are you held to the new 2015 laws regarding spousal support?

1 Answer | Asked in Divorce for Illinois on
Answered on Feb 28, 2017

You ask a great question. Unfortunately, our legislators never saw fit to explain what would happen in situations like yours. I do not think the appellate courts have decided what to do either. However, my guess is that your ex will have to show a substantial change of circumstances in order to get a modification of her rights under the original judgment.
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Q: Is it necessary when getting a divorce that both parties involved have their own lawyer , irreconcilable difference

3 Answers | Asked in Divorce for Illinois on
Answered on Feb 23, 2017

Going through a divorce is not a dress rehearsal. You get only one chance to do it right, and your best chance of doing it right is with a lawyer.
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Q: I just filed for divorce and I want to purchase a house. Could my ex take the house during the divorce proceedings.

3 Answers | Asked in Divorce for Illinois on
Answered on Feb 19, 2017

You have not provided enough facts to allow for an authoritative answer. For example, are you using non-marital funds to buy the home? If you pay $100,000 for the house, and you borrow $100,000 to buy it, then your spouse's claim would be for a percentage of nothing. Generally speaking, however, the new home will likely come into play to some extent.
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Q: If there are children from a previous marriage, should they be included in the marriage settlement?

2 Answers | Asked in Divorce for Illinois on
Answered on Feb 15, 2017

Based upon the limited facts you have provided, the children of a previous marriage would not be "included" in your present divorce.
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Q: Does a father who has provided no support in 3.5 yrs and has had no contact with a child have a chance to gain custody .

1 Answer | Asked in Divorce and Child Custody for Illinois on
Answered on Feb 10, 2017

Based upon the facts you have provided, the answer is NO. However, Illinois no longer awards custody and visitation, as such. It awards parenting time, and the father will receive some parenting time, but the amount he gets is based on the best interests of the child. In cases where the child needs to be reintroduced to the father, the visitation is typically very limited at first.
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Q: Received letter saying motion to Vacate DWP from wife's attorney.

2 Answers | Asked in Divorce for Illinois on
Answered on Feb 7, 2017

If the party who filed the case fails to appear in court when required to do so, the court can dismiss the case. "DWP" stands for Dismissed for Want of Prosecution. A Motion to Vacate a DWP is a Motion to vacate the dismissal and to reinstate the case.
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Q: I am currently going thou a divorce in Illinois. I have been pay my wife 1500.00 a month for the last year and a half.

2 Answers | Asked in Divorce for Illinois on
Answered on Feb 6, 2017

You can deduct maintenance (alimony) payments if they required by a court order and are designated as such, provided there is language in the order which terminates the maintenance upon the death of your spouse. This is an IRS requirement. If you are still married, you may be better off filing jointly with her. Talk to a CPA.
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Q: Q: When asking for spousal support what are the qualifications? Who can get it and who can't get it.

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Answered on Jan 30, 2017

Your question is too broad to answer because you have not provided any facts. However, and basically, the party seeking spousal support must have a reasonable need for it, and the other party must have the means to meet that need. Illinois law now contains a formula by which the amount and duration of spousal support should be awarded.

You should really consult in-person with a divorce lawyer who can learn your specifics and answer your question properly.
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Q: His it better if my spouse file for divorce first.

3 Answers | Asked in Divorce for Illinois on
Answered on Jan 24, 2017

Generally, it does not make any difference as to which party files first. There are some technical legal exceptions that may apply in certain circumstances, but they are not often a factor.
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Q: I received an Order Allowing Withdrawal of Cousel from my divorce attorney.

2 Answers | Asked in Divorce for Illinois on
Answered on Jan 19, 2017

Now that your lawyer has withdrawn, the other side has to communicate with you. This means that you should go to the courthouse within 21 days of the Withdrawal Order and file an Appearance with your address and contact info, so your spouse's lawyer will know how to notify you of future court dates. Of course, this is unnecessary if you hire another lawyer. If you are not going to hire a new lawyer, be sure to send your spouse's attorney your file stamped Appearance.

If you do neither...
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Q: If a person lies under oath, can a recording made without their permission be used to impeach their testimony?

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Jan 2, 2017

More of your specific facts would have to be explained before a definitive answer can be given. However, and shooting from the hip, the likelihood is that such a recording would not be admissible in evidence.
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