Questions Answered by J. Richard Kulerski Esq.

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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Q: Am I able to switch an uncontested divorce to an annulment?

1 Answer | Asked in Divorce for Illinois on
Answered on Oct 13, 2016

This depends on who filed the divorce, on who wants the annulment, and at what stage of the case you are at. Without this info, it is impossible to give you an authoritative answer. Typically, however, pleadings can be amended when permissible. Also, if a counter-petition for dissolution has not been filed, the party that started the case can voluntarily dismiss it without prejudice, and file a new case to his or her liking.
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Q: what happens to my mortgage if i have to leave my home involuntarily because of a verbally abusive husband?

1 Answer | Asked in Divorce for Illinois on
Answered on Oct 7, 2016

Practically speaking, the only way that he can be removed from the house is if you can prove he has violated the Domestic Violence Act.

You are in a tough situation, and you need more than this Q & A forum can provide you. I sincerely believe that you would benefit from an in-person consultation with a divorce lawyer.
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Q: My wife's ex husband refuses to release property that is hers that relates to her kids

1 Answer | Asked in Divorce for Illinois on
Answered on Oct 6, 2016

Does her Judgment for Dissolution specifically award these items to her? If so, she should take him back to court to have him held in contempt for failure to comply with the judgment.
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Q: Let's say i purchased property using non-marital funds. Would that property be deemed divisible in illinois?

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 30, 2016

Unless you put your wife's name on the property you purchased, and unless you put her name on your personal checking account, she would have no valid claim to the property.
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Q: in Illinois how do they determine which parent pays for SAT prep classes. Does it come out of child support or from dad

1 Answer | Asked in Child Support for Illinois on
Answered on Sep 29, 2016

From my experience as a lawyer who has worked in the divorce field for 50 plus years, it is my opinion that the SAT prep cost would NOT be child support. However, many things in divorce law are gray (instead of either black or white), and this is something that may need to be determined by a judge. I think it is fair to say that your question is a college expense contribution issue, as opposed to a "what is included in child support" question.
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Q: I got married in 2009, we found out that he and his Ex's divorce was never finalized, it is now, are we legally married?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Sep 22, 2016

If he is not divorced, you are not married. However, when he gets divorced, you will not have to remarry. Your voidable marriage will be reinstated.
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Q: My husband and I took out a parent plus loan for our daughter when we were married

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 20, 2016

Your question cannot be answered with authority until you furnish more facts. Unfortunately, the only way you will know what facts are significant is if you visit with a divorce lawyer in person. He or she will know what to ask you in order to get to the info that is needed. For example, when did you get divorced? When was the loan entered into? Is there any language at all in your judgment that might open the door to making your ex liable, e.g.,any loan representations in general, anything...
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Q: Can alimony last the rest of my life as long as I don't get re-married?

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 13, 2016

It can if you have been married more than 20 years at the time of filing for divorce, and if you do not cohabit with another person on a continuing conjugal basis. Illnesses or injuries that permanently limit your ability to work may also be a factor.
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Q: Is my 401(k) community property?

1 Answer | Asked in Divorce for Illinois on
Answered on Sep 8, 2016

We do not have community property in IL. In IL, property is either marital (subject to division) or non-marital (not subject to division). The portions of your 401K that were accumulated during the marriage are clearly marital. If you had a 401K balance when you got married, it can be deemed non-marital if you can meet certain criteria. You would need a divorce attorney to explain this to you in person.
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Q: How are gifts treated in divorces? I got a lot from my ex over the years but I want to keep them.

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

Gifts from one spouse to the other are typically awarded to the spouse that was given the gift. There could be some exceptions depending on the gifts or the context in which they were given, but the likelihood is that you will be able to keep them.
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Q: Can a house bought as contract for deed in just one name become marriageable property prior to a divorce?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 30, 2016

Based upon the scant facts you have provided, the answer is YES. However, homes that have just been purchased on contract rarely have much equity...and that is the real marital asset.
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Q: What does CONFIRMATION OF PRIOR ORDER - ALLOWED

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 29, 2016

Your question cannot be answered authoritatively without knowing the context in which the phrase was used.
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Q: If a husband and a wife have never lived in the same state, wife is now pregnant, and wants to file for divorce, can she

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 27, 2016

If all she wants is a divorce, she can definitely get it done in either state. If he is the father and has not been in IL, and she wants child support, she will probably need to file in TN.
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