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Questions Answered by J. Richard Kulerski Esq.
1 Answer | Asked in Tax Law, Divorce, Identity Theft and Small Claims for Illinois on
Q: Can I be forced to pay back the money my soon to be ex husband gave by court order when he filed joint tax return?

We are going through a nasty divorce which entails financial abuse, psychological abuse, mental abuse and sexual abuse. I told him and his then attorney (now fired or she quit, not sure which) that I was not going to file a joint tax return. I found out that he filed a joint return without my... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 14, 2021

Your question is difficult to answer because your husband could not have filed a joint return properly without obtaining your signature on the joint return.

1 Answer | Asked in Civil Rights, Estate Planning and Probate for Illinois on
Q: Can you fight the family of a deceased transgender woman, who legally changed her name, on trying to bury her as a “him”
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 10, 2021

The law school that I went to never touched this subject. I would suspect that there is no authority whatsoever answering your question.

1 Answer | Asked in Family Law for Illinois on
Q: Does not following through on something a gaurdian ad litem needs reason to remove them from case?

My gaurdian ad litem put me on supervised visits until she spoke with my psychiatrist/psychologist who I see for moderate depression and anxiety to make sure I was okay to be alone w my daughter. I had given her everything about everything from their records she said she still had to speak with... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 8, 2021

Based on the info you have provided, the GAL's failure to speak with your doctors does not mean she is not doing her job properly. Aside from the rigmarole of HIPPA restrictions, there isn't much the doctors can say that is not already known from their reports. If you are an alcoholic, 30... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Illinois on
Q: Is this a conflict of interest? Should I get a new lawyer?

My lawyer is asked by the judge to submit extensions for my spouse's order of protection because they don't have an attorney. Isn't this a conflict of interest for me, and can't I just have my attorney not do it?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 30, 2021

There is no conflict of interest. Your lawyer could hardly say no to the judge under these circumstances. It's a mere courtesy to the court.

2 Answers | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Illinois on
Q: Thank you. I do understand that to be true.... 1 family member however that is wanting to sell, does not want to...

Give up their mineral rights to the land... can they really have the best of both worlds & ultimately screw the other 2 family members.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 29, 2021

When I first answered your question, I thought it was merely a real estate partition issue. As a Chicagoland attorney, I know know how mineral rights play into your situation. Contact a local attorney.

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2 Answers | Asked in Arbitration / Mediation Law, Real Estate Law and Estate Planning for Illinois on
Q: Inherited undivided interest in a large amount of land, that has mineral rights. Can one of the family members force the

The other family members to sell the land? This land has been in our family for an extremely long time & some don’t want to sell.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 27, 2021

Those who want to sell can file a lawsuit for Partition. They will win. This will give the court the power to sell the property at auction and divide the proceeds among all the owners. An auction sale is not likely to bring in as much money as a regular sale.

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1 Answer | Asked in Divorce and Land Use & Zoning for Illinois on
Q: If I buy land but don't want my husband to take it from me in divorce can I gift it to my children or otherwise save it?

I'm not even sure divorce is the answer for me but I don't want my kids and I to be left with nothing and I feel like he would do his best to leave us begging for air. If I bought land with my own savings could I gift it to my children so that he couldn't take it but the kids (and I)... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 2, 2021

You mention using your own savings. If the savings came from money earned during the marriage, then it would not be your savings, it would be marital savings. If you bought land with it, the land would be a marital asset and therefore subject to division at the time of divorce.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I need help trying to get a divorce . I have a 9 yr old son an a house under mine and husbands name.

He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 20, 2021

The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... Read more »

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1 Answer | Asked in Child Support and Divorce for Illinois on
Q: If a parent is in the hospital and not employed, do they have to pay child support (for that period)?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 28, 2021

Yes, unless they file a Petition with the court to suspend the support while they incapacitated. Without such a filing, the support continues to be due.

2 Answers | Asked in Divorce for Illinois on
Q: Can the Sheriff serve you a summons at your parent's house? Not my place of residency.

The sheriff did not leave anything. My father told me that the sheriff said that I can pick the summons up at a court house. Is this considered the proper way of severing someone with a summons to go to court. I'm assuming this is for a divorce. Thank in advance!

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 9, 2020

The Sheriff acted properly. When he/she learned that you did not reside at your father's residence, he/she merely made a suggestion that you pick up the papers via counter-service at the Sheriff's office. You are not bound to do so, but if you don't, the person suing you will... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: My parents have a "Verified Joint Petition for Dissolution of Marriage. Medicaid requires a divorce "decree"- same?

They used an attorney, saw a mediator and amicably settled after 50 yrs of marriage, in 2006.

Documents I have: Case No. 06 D 003500

- Petition by my mother, stamped 3/29/2006, Dorothy Brown, Clerk/Circuit Court

- Verified Joint Petition for Dissolution of Marriage, stamped... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 1, 2020

The Verified Petition of Dissolution and unsigned documents are meaningless. You need a cetified copy of the Judgment for Dissolution of Marriage signed by the judge.

1 Answer | Asked in Divorce and Libel & Slander for Illinois on
Q: My girlfriend is in divorce proceedings. Her ex has brought me up in court docs. Can I sue for defamation?

I have been brought up negatively in multiple court docs and lawyer to lawyer emails. I have never had interaction with the ex. For example he won't let me babysit their children, but they can live in my house once divorce is settled. Calls people who can watch his kids as responsible adults?... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 1, 2020

First, this is not a question for Justia's divorce lawyers. You should redirect it to the libel/slander or injury lawyers.

Second, you have not given enough facts to warrant a responsible answer. You should meet in person with an attorney who does this work, so you can explain...
Read more »

2 Answers | Asked in Divorce for Illinois on
Q: I live in Naperville, Illinois and want to divorce my wife. What is the total process, do I need to stay in Illinois

When do we start the divorce start date, when were last intimate or when we talked about it last oct 20th

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 23, 2020

Neither of the two criteria you mentioned has any bearing on the divorce "start date". The total process is too lengthy to explain in this forum. Whether you have to stay in IL depends on some facts that you have not provided, e.g., are children involved? Are you willing to return to IL... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: I want a divorce my husband refuses and him and his family have told me if I leave theyll take my kids
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 4, 2020

Well, then you are very fortunate that neither your husband nor his family will be the judge hearing your case. Don't let them bluff or bully you. What you are hearing from them is a very common and stupid threat, which mean nothing.

2 Answers | Asked in Divorce for Illinois on
Q: If my wife lied on her petition for divorce, do I have any recourse?

The petition says that we tried to reconcile, but we didn't.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 29, 2020

You don't have any recourse. You can deny that allegation and put that fact in issue, but you have no recourse as such.

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1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Illinois on
Q: Wife and I have divorce proceedings going on .. We haven't lived together 3-months .. but we agreed upon exchanging

some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... Read more »

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

You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.

1 Answer | Asked in Divorce for Illinois on
Q: Just had my 4th anniversary and getting divorced...

it’s my understanding that she is entitled to half of my pension during the time of marriage. That is a lot of money and will damage my outlook on retirement, as my pension has made big money in four years...

Question is....does a judge have to rule as statutes state, or can he rule... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 15, 2020

The judge must uphold the law. You use the term "pension". Pensions don't generally jump in value in four years, but 401K's can. Could you be referring to a 401K, SEP IRA, or IRA? If so, you might hire a mathematician or actuary to determine how much of the four year growth was... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: My husband moved in with his mother back on say June 1st of 2020. We both haven't retained a lawyer as of yet.

We both own the home. Can I have the locks changed because he comes in as he wants and I don't trust him?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 15, 2020

Unless and until a judge rules otherwise, both of you have the right to change the locks, and then, if you wish, hire a locksmith to reverse the process,

1 Answer | Asked in Divorce for Illinois on
Q: My wife has file for divorce. A court date has been assigned. I just found out about this. What can I do?

I was not subpoena.

Do I have to be subpoena?

I did not sign anything. I need time to get some money together for a lawyer.

Do I wait for her to subpoena me? Need help with this.

Thank you!

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 11, 2020

If you are not in a position to retain an attorney at this time, go to the courthouse and examine your file. Check and see if the Sheriff or special Process Server claims to have served you with Summons. If you have been served, file an Appearance and send it to your spouse's lawyer. I find it... Read more »

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Can the sheriff serve a summons for divorce to my spouses parents house?

My spouse has been homeless for a while. I really need to get our divorce done. We’ve been separated since 2015. He said I can get them sent to his dads house. Will they serve it to his dad?

Thanks

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 8, 2020

The Service of Summons would only be valid if your spouse was an actual member of that household, i.e., resided there.

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