Questions Answered by J. Richard Kulerski Esq.

Q: Is it necessary when getting a divorce that both parties involved have their own lawyer , irreconcilable difference

3 Answers | Asked in Divorce for Illinois on
Answered on Feb 23, 2017

Going through a divorce is not a dress rehearsal. You get only one chance to do it right, and your best chance of doing it right is with a lawyer.
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Q: I just filed for divorce and I want to purchase a house. Could my ex take the house during the divorce proceedings.

3 Answers | Asked in Divorce for Illinois on
Answered on Feb 19, 2017

You have not provided enough facts to allow for an authoritative answer. For example, are you using non-marital funds to buy the home? If you pay $100,000 for the house, and you borrow $100,000 to buy it, then your spouse's claim would be for a percentage of nothing. Generally speaking, however, the new home will likely come into play to some extent.
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Q: If there are children from a previous marriage, should they be included in the marriage settlement?

2 Answers | Asked in Divorce for Illinois on
Answered on Feb 15, 2017

Based upon the limited facts you have provided, the children of a previous marriage would not be "included" in your present divorce.
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Q: Does a father who has provided no support in 3.5 yrs and has had no contact with a child have a chance to gain custody .

1 Answer | Asked in Divorce and Child Custody for Illinois on
Answered on Feb 10, 2017

Based upon the facts you have provided, the answer is NO. However, Illinois no longer awards custody and visitation, as such. It awards parenting time, and the father will receive some parenting time, but the amount he gets is based on the best interests of the child. In cases where the child needs to be reintroduced to the father, the visitation is typically very limited at first.
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Q: Received letter saying motion to Vacate DWP from wife's attorney.

2 Answers | Asked in Divorce for Illinois on
Answered on Feb 7, 2017

If the party who filed the case fails to appear in court when required to do so, the court can dismiss the case. "DWP" stands for Dismissed for Want of Prosecution. A Motion to Vacate a DWP is a Motion to vacate the dismissal and to reinstate the case.
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Q: I am currently going thou a divorce in Illinois. I have been pay my wife 1500.00 a month for the last year and a half.

2 Answers | Asked in Divorce for Illinois on
Answered on Feb 6, 2017

You can deduct maintenance (alimony) payments if they required by a court order and are designated as such, provided there is language in the order which terminates the maintenance upon the death of your spouse. This is an IRS requirement. If you are still married, you may be better off filing jointly with her. Talk to a CPA.
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Q: Q: When asking for spousal support what are the qualifications? Who can get it and who can't get it.

3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Answered on Jan 30, 2017

Your question is too broad to answer because you have not provided any facts. However, and basically, the party seeking spousal support must have a reasonable need for it, and the other party must have the means to meet that need. Illinois law now contains a formula by which the amount and duration of spousal support should be awarded.

You should really consult in-person with a divorce lawyer who can learn your specifics and answer your question properly.
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Q: His it better if my spouse file for divorce first.

3 Answers | Asked in Divorce for Illinois on
Answered on Jan 24, 2017

Generally, it does not make any difference as to which party files first. There are some technical legal exceptions that may apply in certain circumstances, but they are not often a factor.
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Q: I received an Order Allowing Withdrawal of Cousel from my divorce attorney.

2 Answers | Asked in Divorce for Illinois on
Answered on Jan 19, 2017

Now that your lawyer has withdrawn, the other side has to communicate with you. This means that you should go to the courthouse within 21 days of the Withdrawal Order and file an Appearance with your address and contact info, so your spouse's lawyer will know how to notify you of future court dates. Of course, this is unnecessary if you hire another lawyer. If you are not going to hire a new lawyer, be sure to send your spouse's attorney your file stamped Appearance.

If you do neither...
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Q: If a person lies under oath, can a recording made without their permission be used to impeach their testimony?

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Jan 2, 2017

More of your specific facts would have to be explained before a definitive answer can be given. However, and shooting from the hip, the likelihood is that such a recording would not be admissible in evidence.
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Q: I have lived with my partner for 15 years. We never married but joinly own most of our assets.

2 Answers | Asked in Divorce for Illinois on
Answered on Dec 21, 2016

Your question is largely unanswerable because it is based upon incorrect assumptions. Illinois has not been a common law state for almost one hundred years, so your common law reference does not apply. You cannot file for divorce because you are not married. Your situation would have to be determined by property and possibly contract law.
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Q: My daughter and her husband live in a trailer on land owned by me and my daughter.

2 Answers | Asked in Divorce for Illinois on
Answered on Dec 15, 2016

Based upon the small amount of facts you provided, and assuming he was never on title to the land, he does NOT have a valid claim to any portion of the land.
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Q: My house was awarded to me in the divorce. How do I sell it without my ex knowing?

3 Answers | Asked in Divorce for Illinois on
Answered on Dec 10, 2016

Unfortunately, your question does not contain enough facts to enable us to give you an authoritative answer. We know the house was awarded to you, but did your ex actually ever deed his rights to you? If you need his signature on a deed, you are going to have difficulties. Under certain circumstances, an Associate Judge may issue such a deed to you.
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Q: My husband wants a divorce and also joint custody of the kids.

2 Answers | Asked in Divorce for Illinois on
Answered on Nov 23, 2016

You can do anything you want until or unless a divorce judge says that you can't. Ask your husband where he went to law school.
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Q: wife inhereited 4 mil, do I get any in a divorce?

3 Answers | Asked in Divorce for Illinois on
Answered on Nov 22, 2016

No, not as such, unless she deposits it in an account held jointly with you, and you can prove donative intent. The good news is that you are likely to get a property division that is more than 50-50 because of her wealth. You sould also catch a break if maintenance (spousal support) is a factor in your situation.
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Q: Does my divorce have to go to trial?

2 Answers | Asked in Divorce for Illinois on
Answered on Nov 16, 2016

No. If you can reach a settlement with your spouse on all issues, a trial is not warranted, and is certainly not necessary.
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Q: I'm getting divorced - I live in a different state than my ex -- is it okay to get the agreement notarized online?

1 Answer | Asked in Divorce for Illinois on
Answered on Nov 9, 2016

Your question does not provide enough facts to allow for a proper answer. I'm not sure what you are asking; but, if your case is an Illinois case, the Marital Settlement Agreement does not have to be notarized.
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Q: After several decades of marriage, my spouse and I are taking a one month break from each other.

2 Answers | Asked in Divorce for Illinois on
Answered on Nov 2, 2016

Photograph the contents of the residence, and take all precious items of yours with you (i.e., your mother's favorite dish, your irreplaceable tools, golf clubs, etc.). You CAN return to the home after a month unless and until she gets a court order giving her exclusive possession of the home.
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Q: My divorce was final in Dec 1997 before QILDRO. Are judges imposing a QILDRO when it comes time to split pension

1 Answer | Asked in Divorce for Illinois on
Answered on Oct 29, 2016

A QILDRO was already "imposed" in your judgment. Typically people have them entered by the court shortly after the divorce. It is rare to wait until retirement.

QILDROS are highly sophisticated documents, and should be prepared by an attorney who has special knowledge in this area. They are also expensive.

Unless there is specific language in you judgment, the law is unclear as to which party is responsible to pay for the preparation and presentment of a QILDRO. What I have...
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Q: After dissolution of marriage, can I make my ex wife change her name back?

1 Answer | Asked in Divorce for Illinois on
Answered on Oct 23, 2016

No. Whether or not to keep her married name is entirely her decision.
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