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Questions Answered by J. Richard Kulerski Esq.
1 Answer | Asked in Divorce for Illinois on
Q: What is the affidavit for a divorce settlement called? Is there a form?

This is for a cooperative divorce proceeding and I am pro se. We have reached a settlement agreement, but I am being asked to submit an affidavit on the settlement.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 18, 2020

There is no such form. Now not. Not ever. Maybe they want a Financial Affidavit from you or they are requiring that you get your signature notarized on the signature page. It might also be some sort of form that your county requires in uncontested cases. There is no such thing as an affidavit... Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 14, 2020

The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.

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1 Answer | Asked in Divorce and Child Support for Illinois on
Q: Lost my job and hearing isn't for a month, can I reduce support for my ex and daughters by filing letter with the court

I was laid off due to Corona virus and hearing is a month away. Can I submit a letter to the court proving my job loss and reduce support while I wait for hearing? I'm also ordered to cover insurance. How quickly do I need to provide new coverage?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 30, 2020

The fact that you have a Hearing scheduled indicates that you filed a Petition/Motion to Modify. The Court, in its discretion, can retroactively relieve you of your support obligation dating back to the date that you filed the Petition/Motion.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: if my parents agree on a different schedule than the court agreement, is it illegal?(they are divorced)
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 26, 2020

Parents are encouraged to be flexible. Their agreeing on a different schedule is definitely permissible.

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1 Answer | Asked in Divorce for Illinois on
Q: Want to trade in my car but ex husband wont give me the needed info. What are my options? Car is still in his name

I am divorced and the decree states that I am responsible for the payments of my car that is still in my ex husbands name. I want to trade the car in but he will not provide me with any of the necessary info and will not make himself available to sign off on the car. What are my options?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 17, 2020

You have no alternative but to take him back to court to compel his signature on the title.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter has a hearing disability and ADD. She turned 18 in sept 2018, and graduated high school in child support

Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 13, 2020

The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: During a divorce, if one of the spouses received a lump sum of money does that count as marital property

Money was given to spouse her father and is currently in her separate bank account. Still legally married and should the spouse who received the money have to report it to the lawyer and be split between the 2 spouses?

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

He or she should report it. If the money was a gift or was inherited, it is a non-marital asset, and is NOT subject to division. If it is marital money, it should be reported because it would be fraud if it is not disclosed.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: serving a filed motion

If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?

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

Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... Read more »

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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