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Questions Answered by J. Richard Kulerski Esq.
2 Answers | Asked in Divorce for Illinois on
Q: Me and my spouse will be filing for divorce. He insist. I just remove my name off the mortgage. I want to be bought out.
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 8, 2020

You cannot simply remove your name from the mortgage. The lender will not allow that. They will relieve you from responsibility for the mortgage when the house gets sold or when your husband refinances and gets a new loan. You should consult with a divorce lawyer.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: If I get remarried to my ex does the prior divorce decree become null and void or will it go into effect if we split up?

We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jun 23, 2020

You will have to file for a new divorce.

3 Answers | Asked in Divorce and Family Law for Illinois on
Q: I am pregnant but my lawful husband is not a father. Who will be mentioned as a father on birth certificate?

Hello. I separated from my husband 6 months ago but we haven't been divorced yet. I found that I am pregnant with my new boyfriend.

Who will be mentioned as a father on birth certificate?

Do I have to put the name of my current lawful husband or I can put the name of... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jun 1, 2020

You should list the biological father, not your husband. This is perfectly acceptable and legal and happens frequently.

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3 Answers | Asked in Divorce for Illinois on
Q: Uncontested divorce Illinois. Attorney refused to represent me

My husband & I are divorcing and have agreed on terms as far as marital property division and maintenance. The attorney I hired, after reviewing the tax returns and agreement, has refused to represent me. He says that I am eligible for much more according to the law and that a judge wont... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 21, 2020

Without knowing what the terms of the Agreement are, it is impossible to give an opinion as to whether a judge would or would not approve the settlement. The lawyer had the right to do what he or she did. Aside from attempting to protect you, the lawyer probably did not want to look foolish in... Read more »

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3 Answers | Asked in Divorce for Illinois on
Q: Is there a way to save for a divorce while still married? Can I transfer to an account that just has my name on it?

Can I pretend like I’m paying my parents to watch my kids?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 15, 2020

Any funds that you put aside in this fashion are a marital asset, and it is quite acceptable to pay your attorney's fee with marital funds,

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2 Answers | Asked in Arbitration / Mediation Law, Divorce and Estate Planning for Illinois on
Q: My wife divorced me in secret I still have got no notice of any part of a divorce. Is this legal
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 12, 2020

It is not "legal" if she knew where you resided, and you can prove she knew.

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3 Answers | Asked in Estate Planning and Divorce for Illinois on
Q: Do I have rights to the marital home if it was purchased before the wedding, it is in a trust, and I’m not on the title?

The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?

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

The marital estate should be reimbursed for the marital funds that were spent on the home improvements. Whether it should be reimbursed for the principal reduction of the house payments is something to be argued on a case by case basis.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... Read more »

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

You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can my husband take the kids and move far away in state or out of state before I file for a divorce

I am unfit mother and want to get custody or visitation can I and how would I do it

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 27, 2020

Your situation definitely requires a lawyer. Until a case is filed, either parent can go wherever they want with the children, but he or she might have to bring them back after a case is filed. This depends on many factors - one of the biggest of which is whether or not the move was out-of-state.... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: I own land in Arkansas with the intent to reside there. Can I file for a divorce there now ?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 18, 2020

I depends on Arkansas' residency requirements, and it also depends on whether you need the Arkansas court to have jurisdiction of your spouse. Consult with an attorney who can see what you facts are.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: When does financial responsibility end for a divorced parent of a child who's 18 and going to college?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 11, 2020

Child support itself ends when the child turns 18 or graduates from high school, whichever is last to occur. However, a new setoff rules kick in if the child is attending full time college. Google Section 513 of the Illinois Marriage and Dissolution of Marriage Act and refer to the College Expense... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: Is it better if I file or he. Does it make a difference?

How fast can I file with the corona virus going on?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 6, 2020

You should be able to file immediately IF your county accepts electronic filing. There are two or three highly technical reasons that favor who files first. However, as a practical matter, the advantage that the public perceives does not exist.

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1 Answer | Asked in Divorce for Illinois on
Q: if My husband makes more than I, can I ask for alimony?

I supported him for 7 years he just got a great job and then walked out last week to live with a woman he met at the gym. I want to file for divorce, but he owes me over 200,000 and I am laying on all back taxes. Can I get some type of mandated payment until the taxes and loan is repaid?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 5, 2020

You cannot compel him to pay anything until you file a case for divorce or legal separation. This will make him subject to the court's jurisdiction. Without this, the court has no power over him.

1 Answer | Asked in Divorce for Illinois on
Q: I divorced September, 2018. It was mutually agreed upon and we used 1 lawyer. Now I am having financial difficulties.

My income is $870. Per month. His is $1690. Per month. Can I take him back to court and be awarded alimony?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 1, 2020

Typically, your Judgment for Dissolution will either bar alimony or reserve it. Depending on the facts of your case, and if alinony was reserved, you might have a chance of getting it. If you waived alimony or it was barred, you are out of luck because the Judgment is final.

1 Answer | Asked in Divorce and Small Claims for Illinois on
Q: Divorced 16 months, he hasn't taken my name off mortgage as ordered, he hasn't paid mortgage for 3 months.

My credit is starting to suffer, I feel I cant move on, how do I stop his perpetuation of this, do I have monetary recourse for credit issues? I just want off of the mortgage. Thank you.

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

This is a very common problem. You have to take him back to court on a Rule to Show Cause as to why he shouldn't be held in contempt of court for failing to refi. However, the court is not likely to hold him in contempt if he can prove he earnestly tried to refi, but couldn't get a lender... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: What if the petitioner is in prison and the defendant is never served. RTRN N.S

What if the petitioner gave the correct address of the defendant, but the defendant is purposely avoiding answering the door, and alias summons was returned not served

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 5, 2020

If you cannot serve the defendant, you are out of luck. That's why people dodge Summonses. You must hire a Special Process Server who has the skill to figure out how to get the job done. In counties with a population of over 1,000,000, you must get court permission to appoint such a Server.

2 Answers | Asked in Child Support and Divorce for Illinois on
Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 5, 2020

The true-up has nothing to do with the date of filing. It's based upon what he earned in the previous year, which in your case is 2019. Your lawyer is not incorrect, but he/she is not necessarily correct. It depends on how you look at it, how your Judgment reads, and on whether your ex got a... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: I paid my ex tru-up. She disagreed w amount & ripped the check up. She gave me a pic after. Do I have to pay her again?

She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 25, 2020

Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the... Read more »

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.

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