It's his house. Have post settlement agreement from 2013. It states joint custody which i realize is no longer a term. I'm thinking we will have to start from scratch. Need to know if I can remove them from the home before I sign the 2 year lease.
answered on Jan 25, 2023
Your Judgment for Dissolution should state who the residential parent is. If it is you, then you are free to move with the children.
She was very aware we were married. I just feel she needs to be held accountable as well!
answered on Aug 2, 2022
No, you cannot. Illinois abolished its Alienation of Affection law a couple of years ago.
answered on Jul 19, 2022
You would merely file for divorce and serve your wife via publication in a newspaper that is approved by the county in which you file. You will likely need an attorney.
answered on Feb 10, 2022
Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).
My now wife consulted an attorney 2 years ago in regards to different children in our family and her ex husband. Now my sons mother has retained that same attorney in a child custody’s case between me and her. Is this a conflict of interest having had given the attorney all of the family... Read more »
answered on Jan 26, 2022
If I understand the facts you presented, it could be a conflict of interest. You should consider filing a Motion to Disqualify the attorney and let the judge decide if there is a conflict.
answered on Jan 8, 2022
No. The sharing of retirement benefits applies only to people who are married.
I have filed for divorce and mailed the summons, as directed, to the sheriff of the county the individual being summoned is in. The sheriff however did not properly serve the individual, has no record of serving, and upon my calling to check on the situation, I was met with dead answers and I dont... Read more »
answered on Dec 31, 2021
Did you include the Petition for Dissolution with the Summons? Did you pay the Sheriff's fee and mileage cost, if any, in advance? Depending on what county you want the service to be made in, you could go online to see if there are any special process servers in that area. If so, hire one.... Read more »
We are very close to settlement. Prior to last court appearance, I submitted all discovery responses and made the appropriate filings. Opposing counsel missed the deadline and asked for more time. Judge gave her til 12/20. She submitted discovery responses on 12/20 but was missing interrogatories... Read more »
answered on Dec 29, 2021
I don't think "defensive" is the correct word. It's more like you may be expecting too much rigidity from the legal system. Discovery deadlines are not like a railroad that runs perfectly on time. Non-lawyers are often too technical and expect 100% timely compliance. In reality,... Read more »
I know she will have to buy me out. She tried to refinance but couldn't. What happens if she can't refinance and won't agree to sell the house?
answered on Dec 29, 2021
If you can agree to a future buy-out price, you could give her 36-48 months to refi. By that time, she might be in a position to get the financing. If she cannot, then she would have to sell. You'll still be on her mortgage, but you will remain a co-owner and be able to share in any upswing in... Read more »
My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.
answered on Dec 7, 2021
No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.
So, my current husband is abusive emotionally and just now physically. I own a llc, just started it. My question is: if I get a divorce, is there anyway I can protect my business from him getting anything from it? He goes from job to job a lot. Thank you
*EDIT* so all the funds that went... Read more »
answered on Dec 3, 2021
Your question is almost impossible to answer without knowing more facts. For example, how much marital money went into funding the business? Does the business have a value? Is the business totally reliant upon you? In other words, if you stopped working at it, would the business collapse? There are... Read more »
My 17yo daughter has a job. Her father has parenting time on Wednesday from 5-9. She is scheduled to work from 3-8. Her father told her she cannot work on his time. Can he do this?
answered on Nov 20, 2021
This is a grey area of family law. Because of her age, there isn't much he can do legally if the child refuses to visit with him. The court cannot punish you for denying visitation because it is not your decision. The court cannot punish the child. All that is left is that the father goes to... Read more »
That still continues, correct, once they turn 18 and as long as they are still covered under a parent's health insurance?
answered on Nov 6, 2021
Without knowing what your Judgment says, in the world of divorce law (as opposed to insurance coverage benefits), responsibility to pay for children's health costs typically ends at age 18, unless the child is a full time college or vocational school student.
husband is being sued about the home and other things by the estate. Am I liable? I’m not included in the lawsuit but now that I’m getting divorced I’m worried I may be responsible if he loses.
answered on Oct 29, 2021
Your question cannot be answered authoritatively until all of your facts can be learned. However, based upon the facts you have provided, I think it is safe to say that you have no personal exposure. Your husband will be spending marital funds to defend the case brought by the estate, and this is... Read more »
Yes I meet with him. He did indicate he would be willing to allow her to stay in the house until Ava graduates. He would pay the mortgage ( including taxes and insurance) shoe would pay utilities and child support reserved. He would exercise his parenting time at the house. Can talk Thursday... Read more »
answered on Oct 13, 2021
It means that the court can determine child support at a later time when things stabilize.
answered on Oct 1, 2021
Are you and your wife both on title to the house? If so, your father could get repaid if the money he gave toward the house was a loan. Are you making regular payments to him to pay off this loan? Very important. Consult in person with a divorce lawyer.
Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?
answered on Sep 8, 2021
I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... Read more »
answered on Jul 31, 2021
No. The house remains as much a marital asset (subject to equitable division between the parties) as it was prior to the signing of a quit claim deed.
Her office stated they would inform her of my issues. That was a week ago.
answered on Jul 28, 2021
I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.
Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to... Read more »
I am in illinois. I cannot find a form to fill out and file for a counterclaim to a dissolution of marriage petition anywhere. Is there any instructions for someone pro se could get some help with this?
answered on Jul 24, 2021
Is is identical to a Petition for Dissolution of Marriage, except it is called a Counter-Petition for Dissolution of Marriage. The parties are referred to as Petitioner and Counter-Respondent and Respondent and Counter-Petitioner. This is both in the caption and throughout the document.
If... Read more »
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