He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.
The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... Read more »
Yes, unless they file a Petition with the court to suspend the support while they incapacitated. Without such a filing, the support continues to be due.
The sheriff did not leave anything. My father told me that the sheriff said that I can pick the summons up at a court house. Is this considered the proper way of severing someone with a summons to go to court. I'm assuming this is for a divorce. Thank in advance!
The Sheriff acted properly. When he/she learned that you did not reside at your father's residence, he/she merely made a suggestion that you pick up the papers via counter-service at the Sheriff's office. You are not bound to do so, but if you don't, the person suing you will... Read more »
They used an attorney, saw a mediator and amicably settled after 50 yrs of marriage, in 2006.
Documents I have: Case No. 06 D 003500
- Petition by my mother, stamped 3/29/2006, Dorothy Brown, Clerk/Circuit Court
- Verified Joint Petition for Dissolution of Marriage, stamped... Read more »
The Verified Petition of Dissolution and unsigned documents are meaningless. You need a cetified copy of the Judgment for Dissolution of Marriage signed by the judge.
I have been brought up negatively in multiple court docs and lawyer to lawyer emails. I have never had interaction with the ex. For example he won't let me babysit their children, but they can live in my house once divorce is settled. Calls people who can watch his kids as responsible adults?... Read more »
First, this is not a question for Justia's divorce lawyers. You should redirect it to the libel/slander or injury lawyers.
Second, you have not given enough facts to warrant a responsible answer. You should meet in person with an attorney who does this work, so you can explain... Read more »
When do we start the divorce start date, when were last intimate or when we talked about it last oct 20th
Neither of the two criteria you mentioned has any bearing on the divorce "start date". The total process is too lengthy to explain in this forum. Whether you have to stay in IL depends on some facts that you have not provided, e.g., are children involved? Are you willing to return to IL... Read more »
Well, then you are very fortunate that neither your husband nor his family will be the judge hearing your case. Don't let them bluff or bully you. What you are hearing from them is a very common and stupid threat, which mean nothing.
The petition says that we tried to reconcile, but we didn't.
You don't have any recourse. You can deny that allegation and put that fact in issue, but you have no recourse as such.
some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... Read more »
You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.
it’s my understanding that she is entitled to half of my pension during the time of marriage. That is a lot of money and will damage my outlook on retirement, as my pension has made big money in four years...
Question is....does a judge have to rule as statutes state, or can he rule... Read more »
The judge must uphold the law. You use the term "pension". Pensions don't generally jump in value in four years, but 401K's can. Could you be referring to a 401K, SEP IRA, or IRA? If so, you might hire a mathematician or actuary to determine how much of the four year growth was... Read more »
We both own the home. Can I have the locks changed because he comes in as he wants and I don't trust him?
Unless and until a judge rules otherwise, both of you have the right to change the locks, and then, if you wish, hire a locksmith to reverse the process,
I was not subpoena.
Do I have to be subpoena?
I did not sign anything. I need time to get some money together for a lawyer.
Do I wait for her to subpoena me? Need help with this.
Thank you!
If you are not in a position to retain an attorney at this time, go to the courthouse and examine your file. Check and see if the Sheriff or special Process Server claims to have served you with Summons. If you have been served, file an Appearance and send it to your spouse's lawyer. I find it... Read more »
My spouse has been homeless for a while. I really need to get our divorce done. We’ve been separated since 2015. He said I can get them sent to his dads house. Will they serve it to his dad?
Thanks
The Service of Summons would only be valid if your spouse was an actual member of that household, i.e., resided there.
This is for a cooperative divorce proceeding and I am pro se. We have reached a settlement agreement, but I am being asked to submit an affidavit on the settlement.
There is no such form. Now not. Not ever. Maybe they want a Financial Affidavit from you or they are requiring that you get your signature notarized on the signature page. It might also be some sort of form that your county requires in uncontested cases. There is no such thing as an affidavit... Read more »
Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.
The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.
I was laid off due to Corona virus and hearing is a month away. Can I submit a letter to the court proving my job loss and reduce support while I wait for hearing? I'm also ordered to cover insurance. How quickly do I need to provide new coverage?
The fact that you have a Hearing scheduled indicates that you filed a Petition/Motion to Modify. The Court, in its discretion, can retroactively relieve you of your support obligation dating back to the date that you filed the Petition/Motion.
Parents are encouraged to be flexible. Their agreeing on a different schedule is definitely permissible.
I am divorced and the decree states that I am responsible for the payments of my car that is still in my ex husbands name. I want to trade the car in but he will not provide me with any of the necessary info and will not make himself available to sign off on the car. What are my options?
You have no alternative but to take him back to court to compel his signature on the title.
Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.
The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living... Read more »
Money was given to spouse her father and is currently in her separate bank account. Still legally married and should the spouse who received the money have to report it to the lawyer and be split between the 2 spouses?
He or she should report it. If the money was a gift or was inherited, it is a non-marital asset, and is NOT subject to division. If it is marital money, it should be reported because it would be fraud if it is not disclosed.
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