Questions Answered by J. Richard Kulerski Esq.

Q: What does CONFIRMATION OF PRIOR ORDER - ALLOWED

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 29, 2016

Your question cannot be answered authoritatively without knowing the context in which the phrase was used.
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Q: If a husband and a wife have never lived in the same state, wife is now pregnant, and wants to file for divorce, can she

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 27, 2016

If all she wants is a divorce, she can definitely get it done in either state. If he is the father and has not been in IL, and she wants child support, she will probably need to file in TN.
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Q: Does the 2 year moratorium for parenting time apply to a modification to the original order?

1 Answer | Asked in Divorce and Child Custody for Illinois on
Answered on Aug 25, 2016

Unless there is specific language to the contrary in your Joint Parenting Agreement, your ex must prove that a substantial change of circumstance has occurred if he wants to change the parenting time. He cannot just seek a change whenever he wishes. Incidentally, the two year period you refer to has to do with custody (residential parent) changes only, not changes that merely involve allocation of visitation/parenting time.
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Q: What does my paper work mean does he have sole custody, what are my rights ? Can someone please help

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Answered on Aug 23, 2016

Sorry, but it is impossible to answer your question without having the opportunity to review your paper work.
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Q: If you buy property with insurance money after you filed for divorce, do you split the insurance money and the property?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

Without knowing more specifics, the answer would be that the property and the insurance proceeds are subject to equitable division.
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Q: I feel my child custody arrangements are unfair. What can I do?

1 Answer | Asked in Child Custody and Divorce for Illinois on
Answered on Aug 22, 2016

Consult, in person, with an experienced divorce lawyer to see if you have a case. You have not furnished enough facts for a lawyer to give you a competent answer. You need a personal meeting so the lawyer can learn all of your facts.
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Q: My husband and I have agreed to divorce. We have 2 teenage children. Can we use the same attorney?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

It is unethical for an attorney to give legal advice to both sides.
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Q: Husband is cheating. Would it hurt the case in divorce proceedings if wife moves out before the divorce?

1 Answer | Asked in Divorce for Illinois on
Answered on Aug 22, 2016

The legal concept of abandonment in divorce is all myth. She would lose no legal rights whatsoever if she were to move out.
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Q: My wife is divorcing me. Do I have to pay alimony if she is the one who wants the divorce?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

Yes. The laws regarding alimony are the same no matter who wants (or doesn't want) the divorce.
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Q: If I make less than my ex wife does do I still have to pay child support?

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

Without knowing more facts, the general answer to your question is YES. However, Illinois is soon to change to the incomes shares model of child support, which means that both parents will have to contribute to child support commensurate with their incomes.
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Q: is it legal for an ex husband to access the ex wife's email even if he is the primary account holder

1 Answer | Asked in Criminal Law and Divorce for Illinois on
Answered on Aug 22, 2016

The fact that you are the primary account holder does NOT make you exempt from Illinois' eavesdropping law, which is a Class 4 felony. You would be using an electronic device to eavesdrop on what two other people are saying to each other. However, it might be another outcome if you were still living with your ex, and she had no reasonable expectation of privacy when she emails.
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Q: My ex and I live in Illinois and share custody of my daughter.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Answered on Aug 22, 2016

You have to petition the court for permission to remove the child to another state. There are certain criteria that the court uses to balance your right to leave versus your ex's right to the parenting time he or she has now. Without knowing more facts, you have an uphill battle. The "good job" argument is likely to be insufficient.
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Q: If my husband is cheating can the divorce be free?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 28, 2016

The court cannot consider fault when making monetary awards.
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Q: How much of my husband's pension do I receive if I have been married 22 years.

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 28, 2016

Without knowing more facts, you are entitled to your equitable share of his pension that was accrued during only the time you were married.
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Q: Me and my children reside in Illinois and my husband lives in Iowa can he come to Illinois and file divorce?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Jul 28, 2016

Yes. Your residency in IL will give the court the necessary jurisdiction.
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Q: is there a way to seperate our divorce and still be able to file taxes together and continue to get insurance together

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Jul 28, 2016
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Q: If you file for a non contest divorce and the papers are notarized does the respondent have to appear.

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 28, 2016

The respondent has to appear if he or she has been served with summons. In your case, for all intents and purposes, notarization has little significance.
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Q: My spouse filed for a divorce but is now refusing to send me the papers. How can I continue the divorce alone?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 28, 2016

Yes, but, if he has indeed filed, you will probably have to file a counter-petition for dissolution.
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Q: How difficult is it to file for a divorce with out knowing where husband is?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 28, 2016

If you do not know where he resides, you can serve him via publication. Consult with a local lawyer to see how this works.
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Q: Child support question: If I made $58,000 last year because of overtime and this year is only base pay what do I pay

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 28, 2016

You must pay the dollar amount called for in your Judgment unless and until you go back to court to get it reduced to reflect your new income.
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