Questions Answered by J. Richard Kulerski Esq.

Q: Can my wife sign for divorce without my concent if I and my son goes to another state?

2 Answers | Asked in Divorce for Illinois on
Answered on Jun 20, 2017

The answer to your question depends upon several variables, which can best be addressed by an in-person consultation with a divorce lawyer. This forum cannot provide specific answers to questions involving unknown facts. For example, by what authority are you taking your child with you? Is your wife OK with your removing the child? Will she file solely to have you return the child? The questions are many.
View Details »

Q: Is it possible to sue my abusive husband after my divorce?

2 Answers | Asked in Divorce and Domestic Violence for Illinois on
Answered on Jun 13, 2017

Sue him for what? If it is for injuries sustained as a result of the abuse, you may or may not be able to sue him depending on the language contained in your Judgment for Dissolution. Some Marital Settlement Agreements specifically release the wrongdoer from any liability for tortious acts committed during the marriage. Some do not. Consult with an attorney as to your right to sue. However, keep in mind that your ex is not likely to have any insurance to cover his acts, and this might hamper...
View Details »

Q: I'm in need of a divorce lawyer. This is a decision I've been thinking about For about a yr.

2 Answers | Asked in Divorce for Illinois on
Answered on Jun 12, 2017

Contact the Bar Association in your county, and ask them for a referral to a divorce lawyer. Most bar Lawyer Referral Services involve only a nominal consultation fee.
View Details »

Q: if I file for divorce how do I find out if my husband has a secret safty deposit box somewhere? Thank you Judy

3 Answers | Asked in Divorce for Illinois on
Answered on Jun 3, 2017

This can be difficult if he pays the yearly fees by cash. If he pays by check, you'll find the stub when you look through his bank statements. Sometimes, it pays to subpoena any banks that you think he might do business with (e.g., banks near his work, home, etc.).
View Details »

Q: What can I ask for in a divorce after a 2 year marriage

3 Answers | Asked in Divorce for Illinois on
Answered on May 31, 2017

I am assuming there are no children because you did not mention any. Depending upon the individual facts of your case (which you have not provided), spousal support may or may not be appropriate. You should be entitled to your equitable share of the marital assets, and you may be responsible for some of the marital debt.
View Details »

Q: My wife and I are separated. Nothing is legally in courts yet. We live in same house. Both work. Can she file for child

2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on May 23, 2017
View Details »

Q: Union says it won't accept qdro in divorce settlement. Can the union do this?

5 Answers | Asked in Divorce for Illinois on
Answered on May 21, 2017

Federal law requires the Plan Administrator for a union pension to accept and process a properly prepared and entered QDRO. If they reject a QDRO, it means the QDRO does not meet the standards that they have the right to set. QDRO's often need to be revised and resubmitted until they meet the proper requirements.
View Details »

Q: Do I have to make my son go with his dad?

5 Answers | Asked in Divorce, Family Law and Child Custody for Illinois on
Answered on May 13, 2017

Because no case has been filed and no visitation Orders have been entered, you and your son (along with your husband) may do as you wish. All three of you have the same rights as you would have in a happy marriage.
View Details »

Q: If a person is awarded a structured settlement before they are married and receive a payment after separation

2 Answers | Asked in Divorce for Illinois on
Answered on May 9, 2017

Based on the facts you have provided, the structured settlement was obtained prior to the marriage, which would make it a non-marital asset. As such, the award is not shared at any time, unless the recipient chooses to do so.
View Details »

Q: My is son 18 and graduates hs soon, do I need to schedule a court date to get him taken of my cs. Still have 1 younger.

3 Answers | Asked in Divorce and Child Support for Illinois on
Answered on May 8, 2017

The answer to your question depends entirely on the wording in your Judgment. The likelihood is that child support was ordered in a fixed dollar amount. This amount generally remains the same even when the oldest turns 18. How the child support obligation is stated will determine whether one of you has to go to court to seek an adjustment.
View Details »

Q: Can a not legally, separated spouse share his (sole) bank account with a person whom they are cohabitating with?

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 21, 2017

Based on the limited facts you have provided, non-family expense sums given to or spent for the benefit of third parties would most likely constitute dissipation of marital assets. However, knowing it and being able to prove it are two different things .
View Details »

Q: Can my ex get 20% of my tax refund? They have never asked for it before and now that I'm making less they want 20%.

1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Answered on Apr 14, 2017

Yes, she is entitled to 20% of your tax refund. Had you declared the correct number of exemptions, there would be no refund. Your obligation is to pay 20% of your true net income - not 20% on the net income that appears on your pay stubs. No one ever knows what their true net income is until they do their taxes. Only then will they know if they are going to get a refund, or if they have to pay.
View Details »

Q: If me and my wife is getting a divorce and she wants to get a house will it affect me in the future

2 Answers | Asked in Divorce for Illinois on
Answered on Apr 13, 2017

Based on the limited facts you presented, you will not be waiving any of your divorce rights by signing what I presume to be a Waiver of Homestead document. This form is a lender's requirement, which does not affect your rights to the property in the divorce process.
View Details »

Q: Nothing legal in place. we have a schedule. Should I allow her BF of 4 months get our kid from school when I can myself?

1 Answer | Asked in Child Custody and Divorce for Illinois on
Answered on Apr 11, 2017

Does it look bad? To whom would it look bad if nothing legal is in motion? If you feel you have a solid co-parenting relationship with the child's mother, then it really shouldn't make any long run difference if the BF picks up the child as described.
View Details »

Q: it states in our last modification child support ends as last payment inmay do we still have to file modification to sto

1 Answer | Asked in Divorce and Child Support for Illinois on
Answered on Apr 5, 2017

It depends on the county you got divorced in, and on whether payments arte made by Withholding. Some counties have strict termination date cut-offs.
View Details »

Q: At the court hearing for my divorce, I was awarded the all furnishings, what exactly does "all furnishings" mea

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 30, 2017

Without knowing more facts, "all the furnishings" generally means the entire contents of the residence, except for the other spouse's personal items.
View Details »

Q: Married 21 years & divorce in June of 1999. X passed April 20, 2016. Name Fidelity Beneficiary. Fidelity states not.

1 Answer | Asked in Divorce for Illinois on
Answered on Mar 23, 2017

Your question, as it reads, cannot be properly answered in this Forum. Consult with an attorney in person and tell him or her ALL of the facts of your situation, and give the lawyer the benefit of reading your Judgment for Dissolution.
View Details »

Q: Hello, my ex wife is threatening to take me back to court to enforce college expenses,

1 Answer | Asked in Divorce and Child Support for Illinois on
Answered on Mar 23, 2017

There are many factors to consider when determining each parent's obligation to contribute to college expenses, and these are best discussed, in person, with an attorney who can learn all of the facts of your particular situation. However, to answer just the questions you asked, full discovery is allowed in these cases. If you had remarried, they could look at your new wife's income and financial wherewithal to determine how much you should pay. You have not remarried, so your girlfriend's...
View Details »

Q: RE: -750 ILCS 5/530(d)1...Is it true no judge factors this into a settlement? That is what current counsel tells me

2 Answers | Asked in Divorce and Family Law for Illinois on
Answered on Mar 22, 2017

I'm sorry, but your question is unanswerable because you have not provided enough facts for us to grasp a proper understanding of the situation. Only your attorney knows the facts of your case, and only he or she fully understands the context in which the opinion was given.

With your particular needs, this Q & A forum is not the place for you. If you are unhappy with your present lawyer's answer, you should really consult, in person, with another attorney. This is the only way you will...
View Details »

Q: I have an open civil lawsuit against previous employer, if a settlement comes from it, is that divisible in a divorce?

2 Answers | Asked in Divorce for Illinois on
Answered on Mar 22, 2017

If the lawsuit is based upon a happening that occurred during the marriage, any award you receive would be a marital asset and subject to division between you and your spouse. However, this does not necessarily mean it would be divided 50-50. Every case is different.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.