Questions Answered by J. Richard Kulerski Esq.

Q: My wife wants a divorce. I would like custody of our 6 year old daughter. What chances do I have as a father?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Get a lawyer ASAP. You may have a better case than you think.

Q: I have been separated from my husband for 4 years. I live in Mason County, IL and he lives in LaSalle County, IL

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Yes. In IL, a divorce may be filed in the county in which EITHER spouse resides.

Q: How may I find the form " Petition For Rule to Show Cause" for St Clair County Illinois concerning a Divorce Judgment

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

I do not practice in St. Clair County, but in the IL counties where I do practice, there is no form for a Petition for a Rule. We have to hand-craft them.

Q: In the state of Illinois, is it possiible to get a divorce while pregnant with another man othe rthen the husbands baby

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Yes, but you would have to testify as to who the real father is.

Q: Does the order of default by stipulation in a divorce the final step in a divorce?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

It is merely a step, but it is not the last step. If nothing was done after the default order was entered, you would not have a divorce.

Q: What age in Ill can a child refuse to go with the other parent house in a divorce case during a visitation

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

The only correct answer to your question is age 18. The judge may listen to what an older teenager wants, but the judge is NOT bound to follow the child's wishes.

Q: If a summons has been served, is the other party required to hire an attorney, or can the two parties use the same lawye

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

A lawyer cannot give legal advice to both parties in a divorce.

Q: if you are considering divorce and leave the marital residence, can you lose it in the divorce proceedings

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

No. Moving out, in and of itself, does not affect your rights to the house. Many non-lawyers think this is abandonment, and this is pure myth.

Q: If i haven't been served yet, can i leave my spouse and still have rights to marital assets?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Yes, based on the facts you have provided, your rights are NOT affected by your moving out.

Q: Is it automatic that spousal maintenance stops upon remarriage or cohabitation? Does that wording need to be added?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Modification is not termination. Based on the facts you have provided, remarriage or cohabitation should still terminate maintenance, but you have to file and present a Motion to Terminate with the court.

Q: Live in Illinois. Divorced 4 years. I pay child support. Lost my job unemployment benefits gone. Can't pay child support

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

You must go back to the court where the divorce was entered, and present a motion to abate child support until you resume receiving income. If you do not do this, you will still be required to pay. The judge will not hold you in contempt, but the $1,208 per month will continue to add up against you.

Q: What grounds can i file divorce based on husband sexually abusing my daughter. He is stepfather.

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

I would argue that he has inflicted mental cruelty on you.

Q: I'm filling for divorce from cook county. I'm the petitioner. He moved to Renton wa. Will he have to be served?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

He must be served, or he must waive formal service of summons. Mailing the papers to him does nothing.

Q: My brother missed a court date, and has not heard anything from the court or her lawyer. What might be happening?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Go to the office of the Clerk of the Circuit Court in the county where the case is pending, and examine the court file. The clerks will find the file for you. He may already be divorced, or a few other things could have occurred. You won't know intil you see the file, or hire a lawyer.

Q: I inherited some land. The deed is in my & my ex's names. He is deceased. Do his heirs have legal interest in the land?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Your question wound up in Justia's divorce category, and it is really a probate question. You would be wise to check with a probate attorney, and I think you will like the answer.

Q: Maintenance payment not fair. Is there anything I can do?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

It is improper for the Justia attorneys to give advice to people who already have an attorney. Besides, your lawyer knows ALL of the facts of your case, and we don't. If you distrust the attorney you have now, you should get a second opinion from another attorney. This is best done in person.

Q: Getting a divorce in illinois -

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Without knowing all of your facts, the answer is YES. I assume the home is a marital asset (no matter who holds the title or no matter who is the mortgagor), and as such, is subject to equitable division between you and your wife. IL is not a 50-50 state, as such, although most cases do turn out to be 50-50.

Q: If I live in Illinois and my spouse lives in Ohio, which state do I file in? We haven't lived together for over 2 years

3 Answers | Asked in Divorce for Illinois on
Answered on Apr 9, 2015

Your question cannot be answered properly because you have not provided enough facts. You can definitely get a divorce in IL, but that is all you can get. The IL court may no jurisdiction to order him to divide property or pay anything to you unless he agrees to waive the lack of jurisdiction. Did the two of you always live in IL, and he moved to OH, or did the two of you always live in OH, and you moved to IL? You would be wise to consult with a qualified divorce attorney in IL.

Q: What is Strike from call in a Illinois divorce

2 Answers | Asked in Divorce for Illinois on
Answered on Nov 14, 2014

As attorney Siegel just stated, when a case is stricken from the call, it merely means that the matter it was set for on the day in question will not proceed until someone motions it up for a hearing on another day.

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