Lawyers, Answer Questions  & Get Points Log In

Questions Answered by J. Richard Kulerski Esq.

1 Answer | Asked in Divorce and Estate Planning for Illinois on

Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?

Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings and... Read more »

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

If you want your pre-nuptial agreement to be valid, you MUST list ALL of your assets. It's for your own protection. Besure to provide in your agreement which state's law will apply in the event of a divorce. You can specify this. A lawyer can advise you how to handle assets acquired and money... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on

Q: Can a spouse receive alimony in IL from a spouse who receives VA service-connected disability compensation?

Married 16yrs, separated for 17 months. Spouse of veteran hasn't had employment for 10 years. Spouse needs time to train for employment all over again to re-enter the job force.

J. Richard Kulerski Esq. answered on May 20, 2019

Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.

2 Answers | Asked in Divorce and Estate Planning for Illinois on

Q: Do you need to declare liquid assets that have a beneficiary in a prenup in illinois (bank accounts and retirement)?

Don't want my fiance to know my assets but want a prenup - is there any solution?

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

If you are merely the beneficiary, the asset is not yours and you do not have to list it. However, if it is your account and someome else is the beneficiary, then you should and must list it. Doing so is for your own protection going forward.

View More Answers

2 Answers | Asked in Family Law and Divorce for Illinois on

Q: how long do you have to be separated for it to be considered legal

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

It can never be a Legal Separation unless a specific Judgment for Legal Separation is entered by a court. You can live apart for 70 years, and all you are is living apart. Time does not make a separation "legal" only a Judgment can do that.

View More Answers

1 Answer | Asked in Divorce for Illinois on

Q: I'm looking for a good experience divorce lawyer in Kankakee County.

We are approaching Retirement and both have retirement money, my wifes is much more since we burnt through my stocks and investments while I was sick.

We have a house that need updating to sell and get rid of damage from my wifes cats for years.

She needs to move her and cats out... Read more »

J. Richard Kulerski Esq. answered on May 11, 2019

You really should consult in person with a divorce lawyer who will be able to learn all of the facts of your situation, and then advise you accordingly. However, some of your questions can be answered based on the info you provided.

Your wife's retitement funds are a marital asset, and you...
Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on

Q: My ex is court ordered to pay child support and we are both court ordered to pay half of daycare each. He has not been

paying support and got very behind. He would send random money orders with random amounts and hand write “daycare” on some of them. Since he was behind on support I disregarded his handwritten note and used it as child support.

Child support services finally recently got ahold of him... Read more »

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

Your day care provider has no standing to take him to court. Only you can do this. What he scribbled on the checks is meaningless. The likelihood is that the judge will rule in your favor. Judges don't like wiseguys.

2 Answers | Asked in Divorce for Illinois on

Q: She hasn't, lived with me for over a yr now can i claim she abandoned me and she cant get house are car I just bought

J. Richard Kulerski Esq. answered on Apr 12, 2019

Any rights she has to the car and the house are NOT negated by the fact that you are not living together. She has a valid claim to her equitable share of anything acquired during the marriage (as long as it is not by gift or inheritance).

"Abandonment" is a term the is vastly misunderstood...
Read more »

View More Answers

3 Answers | Asked in Child Custody and Divorce for Illinois on

Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?

My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the stress/pain/ugliness... Read more »

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

It is certainly possible for mediation to be successful. However, from my experience, mediation requires that both spouses be reasonable in their thinking, and free from significant emotional impairments. Your description of your husband does not lend itself to his being a mediation candidate.

View More Answers

1 Answer | Asked in Divorce for Illinois on

Q: Can you divorce without going to court?

J. Richard Kulerski Esq. answered on Mar 2, 2019

No. At the very least, the party that filed for the divorce must be present in court to testify and present proofs to warrant the entry of a judgment for dissolution.

2 Answers | Asked in Divorce for Illinois on

Q: I think this is the last draft for uncontested divorce. Filing process? And what happens next?

Do I need a lawyer for anything for uncontested? We have negotiated three drafts. Married 23years. I have one concern regarding his retirement accounts.

J. Richard Kulerski Esq. answered on Feb 22, 2019

You really should at least consult with a divorce lawyer. The fact that the two of you agreed upon the terms of your divorce is not enough. You only get one shot at doing this right. There are no dress rehearsals. In addition, his retirement account(s) are nothing to treat lightly. You will likely... Read more »

View More Answers

2 Answers | Asked in Divorce for Illinois on

Q: Does Illinois require marital counseling before divorce if one spouse asks for it?

J. Richard Kulerski Esq. answered on Feb 12, 2019

Yes, if one party asks for it, and the court concludes that there is a prospect of reconciliation. [Section 404 of Illinois Marriage and dissolution of Marriage Act.]

View More Answers

2 Answers | Asked in Divorce and Real Estate Law for Illinois on

Q: After divorce, my ex still owns a portion of the house. Now, I'm selling. Do I get all the principal I paid back?

He'll get a portion of the proceeds, but does my principal come off before that?

Sorry should have added some further details - the MSA says: For purposes of this agreement, the division of proceeds from the sale of the Marital Residence is based upon a sales price of $xx and a mortgage of... Read more »

J. Richard Kulerski Esq. answered on Feb 8, 2019

If both of the YY's in your question are the same number, then you will get 100% of the principal reduction that accumulated since the divorce. Your lawyer did a good job spelling it out.

View More Answers

1 Answer | Asked in Divorce for Illinois on

Q: My husband divorce attorney filed a motion to attached my son to our divorce. We bought a cash house in my Sons name.

I have to file a response to the motion. There are no verbal or written agreements with my husband and son. The money used to buy the house was from my husband workman compensation money.

J. Richard Kulerski Esq. answered on Jan 20, 2019

If your son is the title holder to your home, the other attorney has every right to join your son as a third-party Respondent in your divorce case. I doubt if there is a valid defense to the Motion.

1 Answer | Asked in Divorce for Illinois on

Q: Help with divorce

My husband and i have agreed on what we want out of our divorce. Can we use the same lawyer to get divorced

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

It is unethical for an attorney to represent both sides of a divorce (or any other) case. It often happens that one lawyer handles the whole thing, but that can only happen when the lawyer represents only one of the spouses.

1 Answer | Asked in Divorce for Illinois on

Q: I filed for divorce in Crawford county, AR, but fled my husband to IL. How do I transfer to here?

My husband and I lived in the same town, but I no longer know where he is. When conversing with an attorney with Crisis Center, she advised that I would have to "transfer" my case to the state I moved to, if it wasn't finalized. I haven't been able to reach her since. Dismissal wasn't spoken of,... Read more »

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

You could dismiss your case in AR, and then refile in IL. However, doing so could be a problem because the IL court probably doesn't have jurisdiction of your husband's person (based on the scant facts you have provided). You might have to go back to AR for your court appearances, and get divorced... Read more »

1 Answer | Asked in Divorce for Illinois on

Q: I have to leave this marriage. I cannot take his verbal abuse anymore. I am so beat down, I just can't do it anymore.

I know he won't, so I will have to be the one who leaves (retired, kids are grown) will I still get half of the house value & furnishings?

J. Richard Kulerski Esq. answered on Dec 30, 2018

While 50-50 divisions of property are very common, they are not always 50-50. The circumstances of the case could warrant a 60-40, 65-35, 70-30 or a 75-25 division. Explain your particular facts to a divorce lawyer to see what you can expect. However, you do not lose any of your entitlement if you... Read more »

1 Answer | Asked in Divorce for Illinois on

Q: What constitutes an “overnight” under Illinois child support statute?

For example, if children are with one parent until 9pm and returned to the other? Who would receive credit for this overnight?

J. Richard Kulerski Esq. answered on Dec 28, 2018

The parent that put the child to bed at 9:00pm is the parent that gets credited with the overnight.

2 Answers | Asked in Child Custody and Divorce for Illinois on

Q: Is child custody determined before a divorce can be finalized?

J. Richard Kulerski Esq. answered on Dec 19, 2018

Illinois no longer uses the term "custody." It is now referred to as "parenting time", and this can be set and/or allocated between the parents by a court Order during the pendency of a case. It would be a temporary Order, which would be in effect until the case is finalized.

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on

Q: I live in Illinois. Are school lunches part of paying half of all school expenses in a divorce

Divorce states...both shall split school expenses including any and all fees registration and school activities

J. Richard Kulerski Esq. answered on Dec 12, 2018

No. School lunches are included in child support.

View More Answers

1 Answer | Asked in Divorce for Illinois on

Q: What are the choices that I have?

Hello! I am a teenager dealing with a very unique, bad divorce case. My mom just said that I dont have a say in what happens because Im not 18. She also found out that I have tried weed (I needed a way to escape the mental and emotion pain she puts me through). She implied that she is going to... Read more »

J. Richard Kulerski Esq. answered on Dec 8, 2018

The most responsible advice I can give you is to speak to your school counselor, and explain everything to him/her. Good luck and best wishes.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.