Questions Answered by J. Richard Kulerski Esq.

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Now that your lawyer has withdrawn, the other side has to communicate with you.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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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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