Questions Answered by J. Richard Kulerski Esq.
Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?
J. Richard Kulerski Esq.'s answer
It is certainly possible for mediation to be successful. However, from my experience, mediation requires that both spouses be reasonable in their thinking, and free from significant emotional impairments. Your description of your husband does not lend itself to his being a mediation candidate.
It is certainly possible for mediation to be successful. However, from my experience, mediation requires that both spouses be reasonable in their thinking, and free from significant emotional impairments. Your description of your husband does not lend itself to his being a mediation candidate.
Q: Can you divorce without going to court?
J. Richard Kulerski Esq.'s answer
No. At the very least, the party that filed for the divorce must be present in court to testify and present proofs to warrant the entry of a judgment for dissolution.
No. At the very least, the party that filed for the divorce must be present in court to testify and present proofs to warrant the entry of a judgment for dissolution.
Q: I think this is the last draft for uncontested divorce. Filing process? And what happens next?
J. Richard Kulerski Esq.'s answer
You really should at least consult with a divorce lawyer. The fact that the two of you agreed upon the terms of your divorce is not enough. You only get one shot at doing this right. There are no dress rehearsals. In addition, his retirement account(s) are nothing to treat lightly. You will likely need the protection of a Qualified Domestic Relation Order, and a lawyer is definitely needed for this.
You really should at least consult with a divorce lawyer. The fact that the two of you agreed upon the terms of your divorce is not enough. You only get one shot at doing this right. There are no dress rehearsals. In addition, his retirement account(s) are nothing to treat lightly. You will likely need the protection of a Qualified Domestic Relation Order, and a lawyer is definitely needed for this.
Q: Does Illinois require marital counseling before divorce if one spouse asks for it?
J. Richard Kulerski Esq.'s answer
Yes, if one party asks for it, and the court concludes that there is a prospect of reconciliation. [Section 404 of Illinois Marriage and dissolution of Marriage Act.]
Yes, if one party asks for it, and the court concludes that there is a prospect of reconciliation. [Section 404 of Illinois Marriage and dissolution of Marriage Act.]
Q: After divorce, my ex still owns a portion of the house. Now, I'm selling. Do I get all the principal I paid back?
J. Richard Kulerski Esq.'s answer
If both of the YY's in your question are the same number, then you will get 100% of the principal reduction that accumulated since the divorce. Your lawyer did a good job spelling it out.
If both of the YY's in your question are the same number, then you will get 100% of the principal reduction that accumulated since the divorce. Your lawyer did a good job spelling it out.
Q: My husband divorce attorney filed a motion to attached my son to our divorce. We bought a cash house in my Sons name.
J. Richard Kulerski Esq.'s answer
If your son is the title holder to your home, the other attorney has every right to join your son as a third-party Respondent in your divorce case. I doubt if there is a valid defense to the Motion.
If your son is the title holder to your home, the other attorney has every right to join your son as a third-party Respondent in your divorce case. I doubt if there is a valid defense to the Motion.
Q: Help with divorce
J. Richard Kulerski Esq.'s answer
It is unethical for an attorney to represent both sides of a divorce (or any other) case. It often happens that one lawyer handles the whole thing, but that can only happen when the lawyer represents only one of the spouses.
It is unethical for an attorney to represent both sides of a divorce (or any other) case. It often happens that one lawyer handles the whole thing, but that can only happen when the lawyer represents only one of the spouses.
Q: I filed for divorce in Crawford county, AR, but fled my husband to IL. How do I transfer to here?
J. Richard Kulerski Esq.'s answer
You could dismiss your case in AR, and then refile in IL. However, doing so could be a problem because the IL court probably doesn't have jurisdiction of your husband's person (based on the scant facts you have provided). You might have to go back to AR for your court appearances, and get divorced there. You really have to explain all of your facts to a divorce lawyer in person to get an accurate answer.
You could dismiss your case in AR, and then refile in IL. However, doing so could be a problem because the IL court probably doesn't have jurisdiction of your husband's person (based on the scant facts you have provided). You might have to go back to AR for your court appearances, and get divorced there. You really have to explain all of your facts to a divorce lawyer in person to get an accurate answer.
Q: I have to leave this marriage. I cannot take his verbal abuse anymore. I am so beat down, I just can't do it anymore.
J. Richard Kulerski Esq.'s answer
While 50-50 divisions of property are very common, they are not always 50-50. The circumstances of the case could warrant a 60-40, 65-35, 70-30 or a 75-25 division. Explain your particular facts to a divorce lawyer to see what you can expect. However, you do not lose any of your entitlement if you move out.
While 50-50 divisions of property are very common, they are not always 50-50. The circumstances of the case could warrant a 60-40, 65-35, 70-30 or a 75-25 division. Explain your particular facts to a divorce lawyer to see what you can expect. However, you do not lose any of your entitlement if you move out.
Q: What constitutes an “overnight” under Illinois child support statute?
J. Richard Kulerski Esq.'s answer
The parent that put the child to bed at 9:00pm is the parent that gets credited with the overnight.
The parent that put the child to bed at 9:00pm is the parent that gets credited with the overnight.
Q: Is child custody determined before a divorce can be finalized?
J. Richard Kulerski Esq.'s answer
Illinois no longer uses the term "custody." It is now referred to as "parenting time", and this can be set and/or allocated between the parents by a court Order during the pendency of a case. It would be a temporary Order, which would be in effect until the case is finalized.
Illinois no longer uses the term "custody." It is now referred to as "parenting time", and this can be set and/or allocated between the parents by a court Order during the pendency of a case. It would be a temporary Order, which would be in effect until the case is finalized.
Q: What are the choices that I have?
J. Richard Kulerski Esq.'s answer
The most responsible advice I can give you is to speak to your school counselor, and explain everything to him/her. Good luck and best wishes.
The most responsible advice I can give you is to speak to your school counselor, and explain everything to him/her. Good luck and best wishes.
Q: My husband and I are legally separated. Can we file as single on our taxes?
J. Richard Kulerski Esq.'s answer
You are entitled to file either way. However, if you file individually, and this causes more of a loss to the marital estate than filing jointly would, your spouse can go to court to compel you to file an amended joint return. At that point, you would sort out how to equalize the refund or how much he should pay you to make up for what you lost by filing jointly.
You are entitled to file either way. However, if you file individually, and this causes more of a loss to the marital estate than filing jointly would, your spouse can go to court to compel you to file an amended joint return. At that point, you would sort out how to equalize the refund or how much he should pay you to make up for what you lost by filing jointly.
Q: Can respondent allocate that petitioner must remain in the current city of residence for the interest of the children
1 Answer
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Divorce, Child Custody and Child Support
for
Illinois
on
Answered on Nov 16, 2018
Answered on Nov 16, 2018
J. Richard Kulerski Esq.'s answer
You can move wherever you wish as long as you stay within the applicable mileage limit.
You can move wherever you wish as long as you stay within the applicable mileage limit.
Q: Info on how to go and get my belongings and agreed items out of the house?
J. Richard Kulerski Esq.'s answer
It is not unusual for the spouse remaining in the home to resist the other spouse's reentry. She is likely concerned about a display of bitterness, a perceived invasion of privacy, or that you might remove more than your designated items. On the other hand, requiring professional movers is a bit overboard. You might suggest to her that she have family members or neighbors present to witness your item removal. Otherwise, have a judge specify the method of your removal process.
It is not unusual for the spouse remaining in the home to resist the other spouse's reentry. She is likely concerned about a display of bitterness, a perceived invasion of privacy, or that you might remove more than your designated items. On the other hand, requiring professional movers is a bit overboard. You might suggest to her that she have family members or neighbors present to witness your item removal. Otherwise, have a judge specify the method of your removal process.
Q: What is laws in Illinois regarding minor(17) in college.Does child considered automatic emancipated once in college ?
J. Richard Kulerski Esq.'s answer
Child support must be paid until the child reaches 18 or graduates from high school, whichever is last to occur. However, the court will likely take the new circumstance into account. It's up to the judge. How much is the obligor parent contributing to the college expenses? Is the child boarding at college, or living with the obligee parent?
Child support must be paid until the child reaches 18 or graduates from high school, whichever is last to occur. However, the court will likely take the new circumstance into account. It's up to the judge. How much is the obligor parent contributing to the college expenses? Is the child boarding at college, or living with the obligee parent?
Q: Am I able to get my ex's tax returns from the IRS - I know he's hiding something.
J. Richard Kulerski Esq.'s answer
The only way to gain access to his tax returns without his voluntarily showing them to you is to do it through the court. You would have to file a case involving money (e.g. child support modification), and Petition the court to require him to sign an IRS Consent form. Then, you send the form to the IRS, and they'll send you an abstract of his returns for the years you specify. They actually respond fairly quickly.
The only way to gain access to his tax returns without his voluntarily showing them to you is to do it through the court. You would have to file a case involving money (e.g. child support modification), and Petition the court to require him to sign an IRS Consent form. Then, you send the form to the IRS, and they'll send you an abstract of his returns for the years you specify. They actually respond fairly quickly.
Q: How could I get my annulment done free? I’ve been married for only 2 months and my state says that does matter
J. Richard Kulerski Esq.'s answer
Contact the bar association in your county, and ask for their direction. Be aware, however, that you may not qualify for an annulment. Based on the few facts you have provided, you would probably be safer filing for a divorce.
Contact the bar association in your county, and ask for their direction. Be aware, however, that you may not qualify for an annulment. Based on the few facts you have provided, you would probably be safer filing for a divorce.
Q: Boyfriend moving in, can that change child support obligation.
J. Richard Kulerski Esq.'s answer
The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.
The income of one's new spouse or live-in significant other cannot be used when determining child support obligations.
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