Questions Answered by J. Richard Kulerski Esq.

Q: How long does the divorce process normally take if you have minimal assets?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 14, 2018
J. Richard Kulerski Esq.'s answer
It all depends upon the county, whether or not lawyers are involved, the motivation of both parties to divorce, the skill of the participants in knowing how to process a case expeditiously, and whether or not there are any issues in the case itself. Just because there are minimal assets does not mean the case will necessarily be quick. You did not mention if there are any children or support issues involved.
View Details »

Q: What form(s) do I need to to change maintenance that I pay to my ex? Do I just file it, or need a court date?

1 Answer | Asked in Divorce for Illinois on
Answered on Jul 12, 2018
J. Richard Kulerski Esq.'s answer
There are no forms for this type of post-judgment matter. You must hand craft a Petition to Modify your Judgment, and allege and prove that a substantial change of circumstance has occurred since entry of the last Maintenance Order. When you file the Petition, you will be given a court date, and you must send a proper Notice of Motion to your ex.
View Details »

Q: How do I calculate my financial responsible for 1/2 of minor child's medical expenses?

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on Jul 11, 2018
J. Richard Kulerski Esq.'s answer
I don't believe there is a clear answer to your very interesting questions. I am unaware of any case law covering this issue. The answer could lie in the exact wording in your judgment. If that doesn't help, then logic might apply. In any event, it will be up to the judge, and he/she should be as puzzled as I am.
View Details »

Q: Divorced 5 years ago in Illinois Havent received child support in that time. I want to move out of state.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Jul 10, 2018
J. Richard Kulerski Esq.'s answer
File a two count post judgment petition in the county where you were divorced. The first petition is for removal of the child to another state. You can move up to 50 miles legally, and the judge is not likely to rule against you because of the extra 10 miles. The second petition is for contempt against your ex because of his support arrearage.
View Details »

Q: I received notice of a hearing regarding a post divorce issue. Do I need to file an appearance?

2 Answers | Asked in Divorce for Illinois on
Answered on Jul 10, 2018
J. Richard Kulerski Esq.'s answer
Technically, you don't have to file an Appearance because you are already of record. However, this type of Appearance is free (if you filed one in the case in-chief), so I would recommend doing so, especially if you have moved or have a new phone number.
View Details »

Q: If my wife puts jointly earned money into an inheritance trust does that make the entire trust joint?

1 Answer | Asked in Divorce for Illinois on
Answered on Jun 29, 2018
J. Richard Kulerski Esq.'s answer
It sounds like a good case could be made for the $50,000 being marital property. However, if she combined the $50,000 with her actual inheritance, the entire account would not be deemed to be marital property.
View Details »

Q: In Illinois, is a contract (marriage) void or voidable if it violates an injunction/court order?

1 Answer | Asked in Contracts, Divorce and Family Law for Illinois on
Answered on Jun 19, 2018
J. Richard Kulerski Esq.'s answer
Please be specific. How can a marriage possibly violate a court order?
View Details »

Q: How does one ex-spouse filing for bankruptcy after a divorce affect any division of marital property?

1 Answer | Asked in Divorce for Illinois on
Answered on Jun 12, 2018
J. Richard Kulerski Esq.'s answer
Do not expect a competent answer to your question from a Forum such as this. You need to sit down in person with a knowledgeable divorce attorney who also is conversant with Bankruptcy law. Explain all the facts and property divisions to him or her. This is your best shot at getting the answer you deserve. You really have not provided any of the pertinent facts, which would allow us to begin to understand your situation.

Q: Will I have to pay more spousal support because ex now has custody of 2 of our grandchildren ?

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Answered on Jun 3, 2018
J. Richard Kulerski Esq.'s answer
Most likely not. There is no law to support her being entitled to more spousal support because she chooses to contribute to the expenses of someone else's children.

Q: husband filed before 9th anniv. & divorce is final after 10 year, will I be able to get his social security benefits?

2 Answers | Asked in Divorce and Social Security for Illinois on
Answered on May 31, 2018
J. Richard Kulerski Esq.'s answer
If you are married to him for 10 years, you will be entitled to your rightful share of his social security payments.

Q: Married 30 years. High School education . Stayed home and raised kids . Am I likely to get maintenance?

2 Answers | Asked in Divorce for Illinois on
Answered on May 21, 2018
J. Richard Kulerski Esq.'s answer
Yes, you should be entitled to receive maintenance. Without knowing more of your specific facts, the applicable statute in IL provides that you are to receive 30% of your husband's gross income, minus 20% of yours. However, what you receive in maintenance and from your employment income cannot exceed 40 % of the combined incomes of you and your spouse. The duration of your entitlement should be indefinite, depending on income levels.

Q: I bought my house thru the VA while married but my spouse was not included in the process. Is she entitled to any part?

2 Answers | Asked in Divorce for Illinois on
Answered on May 20, 2018
J. Richard Kulerski Esq.'s answer
Yes, she is. Your home was purchased during the marriage, and that makes it a marital asset. As such, it is subject to division at the time of divorce. Did you make the down payment or any house payments with earnings that were acquired during the marriage?

Q: I divorced in 2011. MSA says residential parent responsible for school (public) fees (Illinois).

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on May 20, 2018
J. Richard Kulerski Esq.'s answer
You are not alone. Many people misunderstand this type of situation. You divorced your ex; you did not divorce the school district. All the divorce court can do is determine the rights and obligations that exist between you and your ex spouse. The court is not empowered to limit the school's right to collect from only one of you. Pay the amount due, and then file a Petition for a Rule to Show Cause with the court for indemnification from your ex. The court will order her to reimburse you, and,...

Q: Do I have any rights to a vehicle we bought when we were married both our names We bought it with his Inheritance

2 Answers | Asked in Divorce for Illinois on
Answered on May 19, 2018
J. Richard Kulerski Esq.'s answer
When he put your name on title to the car, he made the car a marital asset. As such, you are entitled to your equitable share of its value - presumably 50%.

Q: How often would an appellate judge overturn a judgment in a divorce case

1 Answer | Asked in Divorce for Illinois on
Answered on May 17, 2018
J. Richard Kulerski Esq.'s answer
The Appellate courts rarely overturn divorce judgments. It has to be a clear abuse of discretion on the part of the trial judge, and it is very difficult to establish this. The trial judge's decision has to be almost shockingly bad.

Q: I was granted maintenance when my divorce was final in may 2017. My ex is taking me to court to stop paying

1 Answer | Asked in Divorce and Family Law for Illinois on
Answered on May 12, 2018
J. Richard Kulerski Esq.'s answer
He not only can stop paying the maintenance, he is entitled to full reimbursement of all maintenance sums he paid to you going back to the date he can prove you started living together with your boyfriend on a continuing conjugal basis. This is true except if, for some reason, the wording in your Judgment somehow excluded this triggering factor.

Q: Is this technically an alimony payment?

2 Answers | Asked in Divorce for Illinois on
Answered on May 3, 2018
J. Richard Kulerski Esq.'s answer
I cannot speak for the IRS, but I doubt if he would be able to deduct alimony paid in this fashion without it specifically saying so in your Judgment. It is allowable under certain circumstances, but I do not believe they apply in your case as you have described it.

Q: Does an alimony payment need to go in an account we don't share?

1 Answer | Asked in Divorce for Illinois on
Answered on May 3, 2018
J. Richard Kulerski Esq.'s answer
You really should not be sharing an account with an ex spouse. It could lead to problems. The most important thing, of course, is to get paid. The next thing is to be sure that what you got paid does not get mixed up with funds that he has access to.

Q: I place my husband in a nursing home.He is 56/alzhemiers.I want a divorce and wonder how to go about it.Thank you

1 Answer | Asked in Divorce for Illinois on
Answered on May 1, 2018
J. Richard Kulerski Esq.'s answer
Consult in person with a divorce lawyer about getting a Guardian appointed for your husband. Your husband is incompetent, and divorcing him may be iffy. but it must be done properly.

Q: We've been separated for over a year. We have no contacted. I want a divorce but I don't know how to serve him.

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 30, 2018
J. Richard Kulerski Esq.'s answer
Yes, you can serve him by publication. I suggest you hire a lawyer to explain this to you, and to represent you in the process.

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.