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Questions Answered by J. Richard Kulerski Esq.
1 Answer | Asked in Divorce for Illinois on
Q: Will home be considered shared asset?

Married 27 years. Moved in home almost 20 years ago. Home is currently in father in laws name. Husband and I have been paying mortgage directly to father in laws bank account. Both of us have worked and contributed to mortgage and home upkeep and remodeling. Husband is working on refinancing home... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 22, 2020

At the best, you have an uphill battle if you hope to establish that the home is a marital asset. Talk in person to an experienced divorce lawyer who can learn more facts from you. It might turn out that you have a claim to reimbursement for the marital funds that were contributed to the home that... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: My wife wants to get a quick divorce /no kids/no assets/ but neither can't live elsewhere for 6 months

She wants to leave US with no plans of coming back with in six months, and we both have no friends to just move there, niether money to just rent another apartment.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 19, 2020

Your question seems to assume that there must be a six month separation before you can get divorced. This is not true. If both of you agree to the divorce, you do not have to be separated for even one minute.

3 Answers | Asked in Divorce for Illinois on
Q: I have a proveup in my MSA does my ex have to prove up for the whole year or only from the time the divorce was filed?

We just got divorced in September of 2019 there was no previous court order that required him to prove up for his secondary employment does he prove up from 1/1/2019 through 12/31/2019 or only from the date the divorce was entered? Nothing about retro prove up is mentioned in our MSA

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 11, 2020

I believe you are using incorrect phraseology. From the best I can determine, you should be saying "true up" instead of "prove up". Without knowing more facts from you, the true up would generally cover the entire year of 2019.

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1 Answer | Asked in Divorce for Illinois on
Q: While I was married my ex and I set up accounts for our grandkids so they would have money for college.

As soon as divorce was finalized, my ex went and closed out my one grandson's account and took it all. The child is 3 1/2 years old and we had a 50/50 split on all finances. My son, the father of this grandson, will not speak to his father so he did it out of spite. Can I do anything to try and... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 4, 2020

Exactly what kind of account was set up for this child? Was the child's social security number used for the account? If it was a proper UGTMA account, then no one would have any rights to the account - EXCEPT the child. In this situation, you would have no claim to 50% of the funds, There could be... Read more »

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Father is in Puerto Rico, Mother is in IL - divorced. Father pays child support until the children are what age?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 31, 2019

18 or graduation from high school, whichever is last to occur - but not to exceed age 19.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: we have my bf’s kids Mon-fri & every other weekend does mom have to pay childsupport doesn’t work but her husband does

Mom doesn’t work so she does not have money to pay child support but she’s married & her husband has a job. Does child support take in to consideration her husbands income for child support?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 30, 2019

No, her husband's income cannot be used to determine her child support obligation.

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3 Answers | Asked in Divorce for Illinois on
Q: How do I find out if I am still legally married in another state

The divorce was filed in 2015, my ex's attorney never contacted me about mediation or anything else like he said he would. I no longer live in Oklahoma and haven't for years. How can I get this ugly situation gone for good or is it already and I just didn't know?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 26, 2019

Contact the clerk of the court of the county in which the case was filed. Their records will tell you everything you want to know.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 9, 2019

It is unlawful for you to permanently remove the children from the state of IL without permission from the Court or without the father's consent.

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1 Answer | Asked in Divorce for Illinois on
Q: I filed for divorce in illinois pro se. I just learned about a QDRO. will the judge automatically require the QDRO?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 4, 2019

A QDRO is for the benefit of the spouse who is receiving a portion of his or her spouse's qualified retirement benefits. It is the receiving spouse that must make sure the judge orders a QDRO.

2 Answers | Asked in Divorce for Illinois on
Q: I have a judgement for Legal Separate with my wife. How to I go about making it a divorce?

My wife and I decided not to divorce so she can stay covered under my health insurance. So we are legally separated with two children. We already have a Financial Agreement and Parenting Agreement. Now I want to change our status from "Legal Separation" to "Divorced". Do I need to hire my lawyer... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 4, 2019

You could probably do it on your own, but it would be frustrating and difficult. The fact that you already have a Legal Separation does not make getting divorced all that much easier. Fighting shouldn't be a factor, but there are still papers that have to be prepared and filed properly, not to... Read more »

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: My husband pays support as well as Health insurance for kids. Braces are not covered by our plan. Does he have to pay

For half of the cost? It's considered cosmetic and not needed for health reasons. We live in Indiana

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 23, 2019

I assume your husband got divorced in IL because you placed your question in the Illinois law category. My answer does not apply if IN law were to apply in your situation.

The answer should lie in the language contained in his Judgment. Whether or not it covered by insurance has nothing to...
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1 Answer | Asked in Divorce for Illinois on
Q: If the lawsuit is considered marital property, then what is the percentage the other person would be awarded?

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?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 14, 2019

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.

1 Answer | Asked in Divorce for Illinois on
Q: In Illinois is a unawarded Federal wrongful termination lawsuit considered marital property in divorce?

We have been going through divorce for a year and half. My lawsuit wasn't filed till after our separation.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 13, 2019

Yes, it is a marital asset if the wrongful termination occurred during the marriage - whether separated or not.

2 Answers | Asked in Divorce for Illinois on
Q: IL Divorce- What forms needed to show judge we don’t want 401k from spouse or for them to pay our cc debt?

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 19, 2019

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.

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1 Answer | Asked in Divorce for Illinois on
Q: Can my soon to be ex husband be prosecuted for having a baby by another woman?

My Husband mistress announced on Facebook and it has torn me to piece s.What can be done?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 17, 2019

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 »

2 Answers | Asked in Divorce for Illinois on
Q: How is real estate equity divided after a divorce if one spouse owned the house with equity prior to marriage?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 11, 2019

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 »

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1 Answer | Asked in Divorce for Illinois on
Q: In il ,self employed .new cliant and recieved first check from them way earlier then expected.

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 16, 2019

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.

1 Answer | Asked in Divorce for Illinois on
Q: We are trying to settle out of court but differ greatly on the division of marital and non marital assets.

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 16, 2019

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.

2 Answers | Asked in Divorce for Illinois on
Q: What does summons retd ns mean in a divorce? Does that mean the divorce was cancel.?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 13, 2019

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.

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