Questions Answered by J. Richard Kulerski Esq.
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 »
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 »
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.
Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.
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?
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.
Q: how long do you have to be separated for it to be considered legal
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.
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 »
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 »
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 »
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.
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
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 »
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 »
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.
Q: Can you divorce without going to court?
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.
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.
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 »
Q: Does Illinois require marital counseling before divorce if one spouse asks for it?
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.]
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 »
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.
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.
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.
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
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.
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 »
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 »
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?
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 »
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?
The parent that put the child to bed at 9:00pm is the parent that gets credited with the overnight.
Q: Is child custody determined before a divorce can be finalized?
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.
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
No. School lunches are included in child support.
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 »
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.
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