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.
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 »
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 »
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.
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.
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 »
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 »
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.
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 »
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 »
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.
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 »
He'll get a portion of the proceeds, but does my principal come off before that?
Sorry should have added some further details - the MSA says: For purposes of this agreement, the division of proceeds from the sale of the Marital Residence is based upon a sales price of $xx and a mortgage of... Read more »
It is unethical for an attorney to represent both sides of a divorce (or any other) case. It often happens that one lawyer handles the whole thing, but that can only happen when the lawyer represents only one of the spouses.
My husband and I lived in the same town, but I no longer know where he is. When conversing with an attorney with Crisis Center, she advised that I would have to "transfer" my case to the state I moved to, if it wasn't finalized. I haven't been able to reach her since. Dismissal wasn't spoken of,... Read more »
You could dismiss your case in AR, and then refile in IL. However, doing so could be a problem because the IL court probably doesn't have jurisdiction of your husband's person (based on the scant facts you have provided). You might have to go back to AR for your court appearances, and get divorced...Read more »
While 50-50 divisions of property are very common, they are not always 50-50. The circumstances of the case could warrant a 60-40, 65-35, 70-30 or a 75-25 division. Explain your particular facts to a divorce lawyer to see what you can expect. However, you do not lose any of your entitlement if you...Read more »
Illinois no longer uses the term "custody." It is now referred to as "parenting time", and this can be set and/or allocated between the parents by a court Order during the pendency of a case. It would be a temporary Order, which would be in effect until the case is finalized.
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