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?
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.
We have been going through divorce for a year and half. My lawsuit wasn't filed till after our separation.
Yes, it is a marital asset if the wrongful termination occurred during the marriage - whether separated or not.
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 »
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.
My Husband mistress announced on Facebook and it has torn me to piece s.What can be done?
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 »
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 »
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 »
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.
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 »
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.
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.
Normal for a divorce lawyer do not give the spouse a number or a name?
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.
appearance was set for late November 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.
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 »
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.
Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.
Don't want my fiance to know my assets but want a prenup - is there any solution?
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.
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 »
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.
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.
Do I need a lawyer for anything for uncontested? We have negotiated three drafts. Married 23years. I have one concern regarding his retirement accounts.
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
