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 »
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.
The law school that I went to never touched this subject. I would suspect that there is no authority whatsoever answering your question.
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 »
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 »
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?
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.
Give up their mineral rights to the land... can they really have the best of both worlds & ultimately screw the other 2 family members.
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.
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.
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.
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 »
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.
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.
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 »
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.
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!
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 »
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 »
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.
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 »
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... Read more »
When do we start the divorce start date, when were last intimate or when we talked about it last oct 20th
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 »
Well, then you are very fortunate that neither your husband nor his family will be the judge hearing your case. Don't let them bluff or bully you. What you are hearing from them is a very common and stupid threat, which mean nothing.
The petition says that we tried to reconcile, but we didn't.
You don't have any recourse. You can deny that allegation and put that fact in issue, but you have no recourse as such.
some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... Read more »
You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.
it’s my understanding that she is entitled to half of my pension during the time of marriage. That is a lot of money and will damage my outlook on retirement, as my pension has made big money in four years...
Question is....does a judge have to rule as statutes state, or can he rule... Read more »
The judge must uphold the law. You use the term "pension". Pensions don't generally jump in value in four years, but 401K's can. Could you be referring to a 401K, SEP IRA, or IRA? If so, you might hire a mathematician or actuary to determine how much of the four year growth was... Read more »
We both own the home. Can I have the locks changed because he comes in as he wants and I don't trust him?
Unless and until a judge rules otherwise, both of you have the right to change the locks, and then, if you wish, hire a locksmith to reverse the process,
I was not subpoena.
Do I have to be subpoena?
I did not sign anything. I need time to get some money together for a lawyer.
Do I wait for her to subpoena me? Need help with this.
Thank you!
If you are not in a position to retain an attorney at this time, go to the courthouse and examine your file. Check and see if the Sheriff or special Process Server claims to have served you with Summons. If you have been served, file an Appearance and send it to your spouse's lawyer. I find it... Read more »
My spouse has been homeless for a while. I really need to get our divorce done. We’ve been separated since 2015. He said I can get them sent to his dads house. Will they serve it to his dad?
Thanks
The Service of Summons would only be valid if your spouse was an actual member of that household, i.e., resided there.
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