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Questions Answered by J. Richard Kulerski Esq.
1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I left several messages and emails over 2months but my attorney hasn't contacted me. I need help. What do I do?

Her office stated they would inform her of my issues. That was a week ago.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. 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...
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1 Answer | Asked in Divorce for Illinois on
Q: Is there a template or instructions on a correct way to write and file a counterclaim to a disolution of marriage petiti

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?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. 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...
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1 Answer | Asked in Family Law for Illinois on
Q: What to do if attorney is ignoring case?

I recently hired an attorney for help with a missed court appearance for my name change case. I sent the attorney his check in March and he accepted and signed for it too. Since then, I have barely heard from him, and he has never talked to me without me calling. He needs to file a motion, which he... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 11, 2021

You simply send him an email or a letter stating that you are terminating his services effectively immediately, and that you demand a 100% refund. You might state the reason for the termination, but it is not necessary. You have the absolute right to fire him no matter what the reason. You can also... Read more »

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: 34-yrs married, $3M+ assets. Tell me more about "equitable" split. 50/50 is far from equitable all things considered.

I'm 57-yrs old. My highest wage earning years are behind me. All real estate holdings acquired were made possible by my earnings over last 30-years. Likewise all improvements, management, etc, have been and are 95% on me. Retirement is 401K along with rental properties. I would need no less... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jun 3, 2021

There are some factors by which a judge might be inclined to deviate from a 50%-50% split, but you haven't mentioned any of them. Your 80% would only fly in extraordinary circumstances, e.g., you are a quadriplegic with enormous health care costs.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can I change an agreement made on record? It has no been finalized yet. We go back for finalizing June 7th.

My soon to be ex husband and I made an agreement that once he does anger management he can do visitation with the kids ever other weekend spoken through the court. However, I want a provision added in that states our oldest can choose when/where/how he wants to communicate with his father. The... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 28, 2021

Only your attorney knows all of the facts of your case and only he is in a position to advise you properly. However, it sounds like your oldest son and your ex could use some reunification therapy. This would involve a separate Motion , but you are in a bad situation. Perhaps, you could talk to... Read more »

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Hi in my divorce it said no parent is to pay child support but now I am being sent papers for child support can they do
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 18, 2021

If you have an Illinois divorce, your papers CANNOT say that no parent is to pay child support. The most it could say along this line is that Child Support is Reserved. This means that either party can come back to court after the divorce to establish a child support obligation.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: If moving to a different school district, does that violate the joint education decision part of our parenting agrement

We will still be in macon county only about 10 minutes further but a different school district. I do not get child support. I pay for everything. My ex gets every other weekend and 2 nights a week 4 hours each time. Do I need her approval to move?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 10, 2021

Unless your Judgment specifically provides otherwise, you may definitely move as you described.

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...
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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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