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Questions Answered by J. Richard Kulerski Esq.
1 Answer | Asked in Divorce for Illinois on
Q: If the lawsuit is considered marital property, then what is the percentage the other person would be awarded?

I understand they get a percentage of back pay!

Like would they be able to get a percentage of pain and suffering ,punitive damages or emotional distress. And if so is there a certain percentage?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 14, 2019

There is no set percentage. The non-injured spouse is likely to be awarded a portion of the award, but it is typically not a 50-50 thing. The division is up to the judge and is dependent upon the various elements upon which the recovery is based.

1 Answer | Asked in Divorce for Illinois on
Q: In Illinois is a unawarded Federal wrongful termination lawsuit considered marital property in divorce?

We have been going through divorce for a year and half. My lawsuit wasn't filed till after our separation.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 13, 2019

Yes, it is a marital asset if the wrongful termination occurred during the marriage - whether separated or not.

2 Answers | Asked in Divorce for Illinois on
Q: IL Divorce- What forms needed to show judge we don’t want 401k from spouse or for them to pay our cc debt?

Spouse and I are in complete agreement on non-simplified divorce in IL. We want to each be responsible for debts only in our names and neither of us want half of the other’s 401k. We want to be able to settle our divorce without splitting the debt or taking half of retirement

.What... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 19, 2019

Sorry, but here are no such forms for your purposes. What you need is a Marital Settlement Agreement, and this has to be hand-crafted.

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1 Answer | Asked in Divorce for Illinois on
Q: Can my soon to be ex husband be prosecuted for having a baby by another woman?

My Husband mistress announced on Facebook and it has torn me to piece s.What can be done?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 17, 2019

I believe that adultery is no longer a crime in IL. In any event, I sincerely doubt if the prosecutor in your County would bring charges. I have never seen it done. You would be wise to speak with a mental health professional to lessen the trauma you are understandably experiencing. They can... Read more »

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?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 11, 2019

It makes a huge difference if the spouse who owned the property prior to the marriage ever transfered co-ownership to the other spouse during the marriage. This is a vital fact that you have not provided. If he or she did put the property in co ownership, then the property is most likely a marital... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: In il ,self employed .new cliant and recieved first check from them way earlier then expected.

Should i wait to deposit till after i file which i am going to aproach her and tell her its time and get it done quickly . which we are on very good terms and she knows its comming still but dont wsnt to giver her any amo. or does it matter.i have a prenup from 25yrs ago before we got married which... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 16, 2019

Whatever you are trying to avoid will not be avoided by waiting to deposit the funds until after you file. If the funds to be deposited are marital or not, the mere filing is meaningless and makes no difference.

1 Answer | Asked in Divorce for Illinois on
Q: We are trying to settle out of court but differ greatly on the division of marital and non marital assets.

Spouse 1 - pension of $5900/month

Spouse 2 - pension $5200/month

Marital Property/Assets = $1,000,000

Spouse 1 - $360,000 in non marital funds thru inheritance

Spouse 2 - will receive $100,000 in inheritance from parents life insurance policy within the next 10-15... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 16, 2019

I do not know what your question is, but one thing is for sure: Spouse Two's $100,000 "inheritance" does not matter in any way until it is received.

2 Answers | Asked in Divorce for Illinois on
Q: What does summons retd ns mean in a divorce? Does that mean the divorce was cancel.?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 13, 2019

No, it does not mean the divorce is cancelled. It merely signifies that the Summons was not served. The party that filed the divorce may cause an Alias Summons to issue, and this can continue until Service is had.

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2 Answers | Asked in Divorce for Illinois on
Q: I am currently trying to divorce my husband he was telling me husabnd not allowed to tell me the lawyer's name or number

Normal for a divorce lawyer do not give the spouse a number or a name?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 2, 2019

Your husband is pulling your leg. He probably hasn't actually hired a lawyer and is just pretending that he has. No lawyer would ever tell his or her client that they shouldn't disclose their identity to the client's spouse.

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2 Answers | Asked in Divorce for Illinois on
Q: Petition for divorce was entered and Date set. Decided not to get divorced but now want to proceed. How do I reopen?

appearance was set for late November 2019.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jun 10, 2019

The answer to your question would depend on whether you caused your case to be dismissed, and how and when it was dismissed. You have not furnished enough facts to enable a responsible answer. Filing a new case may be easier than trying to revive the first case.

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2 Answers | Asked in Divorce and Estate Planning for Illinois on
Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?

Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings and... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 26, 2019

If you want your pre-nuptial agreement to be valid, you MUST list ALL of your assets. It's for your own protection. Besure to provide in your agreement which state's law will apply in the event of a divorce. You can specify this. A lawyer can advise you how to handle assets acquired and money... Read more »

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Can a spouse receive alimony in IL from a spouse who receives VA service-connected disability compensation?

Married 16yrs, separated for 17 months. Spouse of veteran hasn't had employment for 10 years. Spouse needs time to train for employment all over again to re-enter the job force.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 20, 2019

Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.

2 Answers | Asked in Divorce and Estate Planning for Illinois on
Q: Do you need to declare liquid assets that have a beneficiary in a prenup in illinois (bank accounts and retirement)?

Don't want my fiance to know my assets but want a prenup - is there any solution?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 19, 2019

If you are merely the beneficiary, the asset is not yours and you do not have to list it. However, if it is your account and someome else is the beneficiary, then you should and must list it. Doing so is for your own protection going forward.

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2 Answers | Asked in Family Law and Divorce for Illinois on
Q: how long do you have to be separated for it to be considered legal
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 17, 2019

It can never be a Legal Separation unless a specific Judgment for Legal Separation is entered by a court. You can live apart for 70 years, and all you are is living apart. Time does not make a separation "legal" only a Judgment can do that.

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1 Answer | Asked in Divorce for Illinois on
Q: I'm looking for a good experience divorce lawyer in Kankakee County.

We are approaching Retirement and both have retirement money, my wifes is much more since we burnt through my stocks and investments while I was sick.

We have a house that need updating to sell and get rid of damage from my wifes cats for years.

She needs to move her and cats out... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 11, 2019

You really should consult in person with a divorce lawyer who will be able to learn all of the facts of your situation, and then advise you accordingly. However, some of your questions can be answered based on the info you provided.

Your wife's retitement funds are a marital asset, and you...
Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My ex is court ordered to pay child support and we are both court ordered to pay half of daycare each. He has not been

paying support and got very behind. He would send random money orders with random amounts and hand write “daycare” on some of them. Since he was behind on support I disregarded his handwritten note and used it as child support.

Child support services finally recently got ahold of him... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 9, 2019

Your day care provider has no standing to take him to court. Only you can do this. What he scribbled on the checks is meaningless. The likelihood is that the judge will rule in your favor. Judges don't like wiseguys.

2 Answers | Asked in Divorce for Illinois on
Q: She hasn't, lived with me for over a yr now can i claim she abandoned me and she cant get house are car I just bought
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 12, 2019

Any rights she has to the car and the house are NOT negated by the fact that you are not living together. She has a valid claim to her equitable share of anything acquired during the marriage (as long as it is not by gift or inheritance).

"Abandonment" is a term the is vastly misunderstood...
Read more »

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3 Answers | Asked in Child Custody and Divorce for Illinois on
Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?

My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the stress/pain/ugliness... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 9, 2019

It is certainly possible for mediation to be successful. However, from my experience, mediation requires that both spouses be reasonable in their thinking, and free from significant emotional impairments. Your description of your husband does not lend itself to his being a mediation candidate.

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1 Answer | Asked in Divorce for Illinois on
Q: Can you divorce without going to court?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 2, 2019

No. At the very least, the party that filed for the divorce must be present in court to testify and present proofs to warrant the entry of a judgment for dissolution.

2 Answers | Asked in Divorce for Illinois on
Q: I think this is the last draft for uncontested divorce. Filing process? And what happens next?

Do I need a lawyer for anything for uncontested? We have negotiated three drafts. Married 23years. I have one concern regarding his retirement accounts.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 22, 2019

You really should at least consult with a divorce lawyer. The fact that the two of you agreed upon the terms of your divorce is not enough. You only get one shot at doing this right. There are no dress rehearsals. In addition, his retirement account(s) are nothing to treat lightly. You will likely... Read more »

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