Questions Answered by J. Richard Kulerski Esq.
Q: My ex wife wants to sui me for 2000 for bills she racked up after we separated is that possible she will win
J. Richard Kulerski Esq.'s answer
Your question is difficult to answer properly without knowing more details. Credit card debt accumulated during the marriage is technically marital debt, but I see some judges who assess the debt only against the party that incurred the debt. What did she spend the money on? How much did you pay her in support during your separation? Were her charges for necessities, or for non-necessities? Talk to a divorce lawyer in person.
Your question is difficult to answer properly without knowing more details. Credit card debt accumulated during the marriage is technically marital debt, but I see some judges who assess the debt only against the party that incurred the debt. What did she spend the money on? How much did you pay her in support during your separation? Were her charges for necessities, or for non-necessities? Talk to a divorce lawyer in person.
Q: my wife left about 12 years ago I had a lawyer years ago how can I legally end this ridiculous marriage.
J. Richard Kulerski Esq.'s answer
If a Judgment for Dissolution was never entered back then, you will have to start all over again. However, it may not be as simple as you hope. She has some claim to your 401K, home equity, and other assets, and her equitable share will be determined by the judge.
If a Judgment for Dissolution was never entered back then, you will have to start all over again. However, it may not be as simple as you hope. She has some claim to your 401K, home equity, and other assets, and her equitable share will be determined by the judge.
Q: Where can I find pro bono divorce (legal separation) layer? Can I file a legal separation while I am outside of USA?
J. Richard Kulerski Esq.'s answer
Yes, if you file here before you leave. You must have lived in IL for 90 days prior to filing, and you must be willing to come back here for your court date.
Yes, if you file here before you leave. You must have lived in IL for 90 days prior to filing, and you must be willing to come back here for your court date.
Q: If a child is being watched at dad's house by grandparents while mom works does that mean he gets primary custody?
1 Answer
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Divorce, Family Law, Child Custody and Child Support
for
Illinois
on
Answered on Oct 13, 2017
Answered on Oct 13, 2017
J. Richard Kulerski Esq.'s answer
If anyone needs to consult in person with a divorce lawyer, it is you.You cannot get the advise you are seeking from this forum. This is because a lawyer must question you to learn all of the facts of your particular situation. You have submitted only minimal facts hat do not allow for a responsible answer.
However, your case can be better than his scary papers want you to believe. It all depends on what is best for the child. Don't fret unless a lawyer tells you to.
If anyone needs to consult in person with a divorce lawyer, it is you.You cannot get the advise you are seeking from this forum. This is because a lawyer must question you to learn all of the facts of your particular situation. You have submitted only minimal facts hat do not allow for a responsible answer.
However, your case can be better than his scary papers want you to believe. It all depends on what is best for the child. Don't fret unless a lawyer tells you to.
Q: I am an Illinois state resident. Can I legally move to California, pregnant, without my husband's consent?
J. Richard Kulerski Esq.'s answer
South Carolina has nothing to do with your case. This is America. You can move wherever you wish until a court says otherwise.
South Carolina has nothing to do with your case. This is America. You can move wherever you wish until a court says otherwise.
Q: My ex husbands father passed away while we were still married. His assets are now about to be distributed to his kids.
J. Richard Kulerski Esq.'s answer
The Illinois law is very clear on this point. Inherited funds/assets are non-marital unless the spouse who inherits the funds/assets puts them into joint ownership with the other spouse.
The Illinois law is very clear on this point. Inherited funds/assets are non-marital unless the spouse who inherits the funds/assets puts them into joint ownership with the other spouse.
Q: Imminent divorce; haven’t filed yet. 2 Kids 17 & 15. What are my rights to the house and car? Still live together.
J. Richard Kulerski Esq.'s answer
Your question does not provide enough facts to allow for a proper answer. For example, you want to know your rights to the house, but you failed to tell us if the house is a marital asset, in whose name title is held, how much equity is in the house, what the remainder of the assets total, etc.. Incidentally, your husband is not being unreasonable by not wanting to sign for your car loan if a divorce seems likely.
Your question does not provide enough facts to allow for a proper answer. For example, you want to know your rights to the house, but you failed to tell us if the house is a marital asset, in whose name title is held, how much equity is in the house, what the remainder of the assets total, etc.. Incidentally, your husband is not being unreasonable by not wanting to sign for your car loan if a divorce seems likely.
Q: In my divorce agreement, my ex is required to provide me his tax return, but he refuses. How can I get it inexpensively?
J. Richard Kulerski Esq.'s answer
First, demand his compliance by certified mail. If he persists in his refusal, you have to take him back to court. You could either file a Petition for Rule to Show Cause regarding his contemptuous behavior, and/or you could also seek a court Order requiring him to authorize the IRS to send you his return(s). Either way, it does involve going to court.
First, demand his compliance by certified mail. If he persists in his refusal, you have to take him back to court. You could either file a Petition for Rule to Show Cause regarding his contemptuous behavior, and/or you could also seek a court Order requiring him to authorize the IRS to send you his return(s). Either way, it does involve going to court.
Q: In uncontested divorce which division of assets is agreed, can I not list debts, property & bank a/cs in petition form?
J. Richard Kulerski Esq.'s answer
You are entitled to put all of the items you listed in your Petition for Dissolution, but doing so is totally unnecessary. Our statute requires that certain allegations be made in this pleading, and the listing of such financial specifics is not included.
You are entitled to put all of the items you listed in your Petition for Dissolution, but doing so is totally unnecessary. Our statute requires that certain allegations be made in this pleading, and the listing of such financial specifics is not included.
Q: Husb got house in divorce. Was ordered to refinance and take wife's name off, which was never done.
J. Richard Kulerski Esq.'s answer
The ex-wife is responsible to pay off the mortgage loan. The purpose of the refinance was to get the ex-wife's name off of the loan. Since this never happened, she remains liable for debt.
The ex-wife is responsible to pay off the mortgage loan. The purpose of the refinance was to get the ex-wife's name off of the loan. Since this never happened, she remains liable for debt.
Q: Do I need 2 years separation before filing divorce? We still live together but have had no physical intimacy for 9 years
J. Richard Kulerski Esq.'s answer
The two year separation requirement is no longer part of our law in Illinois. You are clear to file right now.
The two year separation requirement is no longer part of our law in Illinois. You are clear to file right now.
Q: My daughter is 18 and just graduated from high school. What steps do I need to take to stop my support for my daughter?
J. Richard Kulerski Esq.'s answer
Your present wife's income cannot be used to determine your new child support obligation for the 16 year old. In addition, under Illinois' new child support law, which became effective on July 1, 2017, it is you ex-wife's income that will be used (together with your income) to fix the child support amount. Your net income alone is no longer the sole determinant. The mother's income is also now a factor.
Your present wife's income cannot be used to determine your new child support obligation for the 16 year old. In addition, under Illinois' new child support law, which became effective on July 1, 2017, it is you ex-wife's income that will be used (together with your income) to fix the child support amount. Your net income alone is no longer the sole determinant. The mother's income is also now a factor.
Q: We married in CA, lived in PA for 7 mo where we filed for divorce & now I live in IL and he lives in FL with no contact.
J. Richard Kulerski Esq.'s answer
Where you were married and where you lived previously make no difference. You can file in IL, and serve him by publication. Use a lawyer this time.
Where you were married and where you lived previously make no difference. You can file in IL, and serve him by publication. Use a lawyer this time.
Q: My divorce lawyer just quit and my trial is suppose to start Monday. what do I do now.
J. Richard Kulerski Esq.'s answer
Before you panic, be sure your lawyer will get permission from the court to withdraw as your attorney. If the court allows this to happen, the likelihood is that the judge will continue your trial.
Before you panic, be sure your lawyer will get permission from the court to withdraw as your attorney. If the court allows this to happen, the likelihood is that the judge will continue your trial.
Q: I filed a petition for dissolution asking for a divorce and spousal support.
J. Richard Kulerski Esq.'s answer
You don't have to file anything. In all likelihood, the judge will not read his Response, and if he/she does, it will just make your husband look like a jerk. Don't worry about it. If you have a hearing and you try to address your husband's Response, the chances are the judge will shut you off. This is because your husband's ramblings are immaterial.
You don't have to file anything. In all likelihood, the judge will not read his Response, and if he/she does, it will just make your husband look like a jerk. Don't worry about it. If you have a hearing and you try to address your husband's Response, the chances are the judge will shut you off. This is because your husband's ramblings are immaterial.
Q: what's a prayer for relief? Can it be used in a response to a divorce case
J. Richard Kulerski Esq.'s answer
The Prayer for Relief is not an allegation, and need not be directly responded to. However, the typical Prayer for Relief in a Response goes something like this: "WHEREFORE, Respondent prays that the Petition for Dissolution be dismissed with cost assessed against the Petitioner."
The Prayer for Relief is not an allegation, and need not be directly responded to. However, the typical Prayer for Relief in a Response goes something like this: "WHEREFORE, Respondent prays that the Petition for Dissolution be dismissed with cost assessed against the Petitioner."
Q: My wife i withholding divorce infomation i need to recieve my full petion we were not together when she divorced me
J. Richard Kulerski Esq.'s answer
You ask if you can take her to court to get the info you need. I say sue her for divorce in your state, and serve her with summons in her state. If she is divorced, she will plead it in your divorce case. You might be opening a can of worms because she may never have gotten the divorce. Why else would she refuse to tell you where the divorce took place?
You ask if you can take her to court to get the info you need. I say sue her for divorce in your state, and serve her with summons in her state. If she is divorced, she will plead it in your divorce case. You might be opening a can of worms because she may never have gotten the divorce. Why else would she refuse to tell you where the divorce took place?
Q: To contest a divorce agreement do I need to hire a lawyer from the state where the divorce took place?
J. Richard Kulerski Esq.'s answer
Your lawyer must be licensed to practice law in the state where the divorce is pending.
Your lawyer must be licensed to practice law in the state where the divorce is pending.
Q: What takes precedence - final divorce papers or mediation papers w/ detailed visitation & custody? Or is it concurrent
J. Richard Kulerski Esq.'s answer
The Judgment for Dissolution takes complete and total precedence. A mediation Memorandum of Agreement, or any such mediation agreement, does not count.
The Judgment for Dissolution takes complete and total precedence. A mediation Memorandum of Agreement, or any such mediation agreement, does not count.
Q: I'm trying to calculate child support in Illinois with the new laws.
J. Richard Kulerski Esq.'s answer
The software that would tell us exactly what his child support obligation should be requires that we know the exact amount of your gross yearly incomes, and if his "three nights" a week are overnights.
The software that would tell us exactly what his child support obligation should be requires that we know the exact amount of your gross yearly incomes, and if his "three nights" a week are overnights.
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