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Questions Answered by J. Richard Kulerski
1 Answer | Asked in Divorce for Illinois on
Q: I want a divorce my husband refuses and him and his family have told me if I leave theyll take my kids
J. Richard Kulerski
J. Richard Kulerski
answered on Nov 4, 2020

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.

2 Answers | Asked in Divorce for Illinois on
Q: If my wife lied on her petition for divorce, do I have any recourse?

The petition says that we tried to reconcile, but we didn't.

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 29, 2020

You don't have any recourse. You can deny that allegation and put that fact in issue, but you have no recourse as such.

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1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Illinois on
Q: Wife and I have divorce proceedings going on .. We haven't lived together 3-months .. but we agreed upon exchanging

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... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 17, 2020

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.

1 Answer | Asked in Divorce for Illinois on
Q: Just had my 4th anniversary and getting divorced...

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... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 15, 2020

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... View More

1 Answer | Asked in Divorce for Illinois on
Q: My husband moved in with his mother back on say June 1st of 2020. We both haven't retained a lawyer as of yet.

We both own the home. Can I have the locks changed because he comes in as he wants and I don't trust him?

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 15, 2020

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,

1 Answer | Asked in Divorce for Illinois on
Q: My wife has file for divorce. A court date has been assigned. I just found out about this. What can I do?

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!

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 11, 2020

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... View More

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Can the sheriff serve a summons for divorce to my spouses parents house?

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

J. Richard Kulerski
J. Richard Kulerski
answered on Oct 8, 2020

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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1 Answer | Asked in Divorce for Illinois on
Q: What is the affidavit for a divorce settlement called? Is there a form?

This is for a cooperative divorce proceeding and I am pro se. We have reached a settlement agreement, but I am being asked to submit an affidavit on the settlement.

J. Richard Kulerski
J. Richard Kulerski
answered on Sep 18, 2020

There is no such form. Now not. Not ever. Maybe they want a Financial Affidavit from you or they are requiring that you get your signature notarized on the signature page. It might also be some sort of form that your county requires in uncontested cases. There is no such thing as an affidavit... View More

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

J. Richard Kulerski
J. Richard Kulerski
answered on Sep 14, 2020

The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.

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1 Answer | Asked in Divorce and Child Support for Illinois on
Q: Lost my job and hearing isn't for a month, can I reduce support for my ex and daughters by filing letter with the court

I was laid off due to Corona virus and hearing is a month away. Can I submit a letter to the court proving my job loss and reduce support while I wait for hearing? I'm also ordered to cover insurance. How quickly do I need to provide new coverage?

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 30, 2020

The fact that you have a Hearing scheduled indicates that you filed a Petition/Motion to Modify. The Court, in its discretion, can retroactively relieve you of your support obligation dating back to the date that you filed the Petition/Motion.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: if my parents agree on a different schedule than the court agreement, is it illegal?(they are divorced)
J. Richard Kulerski
J. Richard Kulerski
answered on Aug 26, 2020

Parents are encouraged to be flexible. Their agreeing on a different schedule is definitely permissible.

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1 Answer | Asked in Divorce for Illinois on
Q: Want to trade in my car but ex husband wont give me the needed info. What are my options? Car is still in his name

I am divorced and the decree states that I am responsible for the payments of my car that is still in my ex husbands name. I want to trade the car in but he will not provide me with any of the necessary info and will not make himself available to sign off on the car. What are my options?

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 17, 2020

You have no alternative but to take him back to court to compel his signature on the title.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter has a hearing disability and ADD. She turned 18 in sept 2018, and graduated high school in child support

Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.

J. Richard Kulerski
J. Richard Kulerski
answered on Aug 13, 2020

The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living... View More

2 Answers | Asked in Divorce for Illinois on
Q: During a divorce, if one of the spouses received a lump sum of money does that count as marital property

Money was given to spouse her father and is currently in her separate bank account. Still legally married and should the spouse who received the money have to report it to the lawyer and be split between the 2 spouses?

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 27, 2020

He or she should report it. If the money was a gift or was inherited, it is a non-marital asset, and is NOT subject to division. If it is marital money, it should be reported because it would be fraud if it is not disclosed.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: serving a filed motion

If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 25, 2020

Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... View More

2 Answers | Asked in Divorce for Illinois on
Q: Me and my spouse will be filing for divorce. He insist. I just remove my name off the mortgage. I want to be bought out.
J. Richard Kulerski
J. Richard Kulerski
answered on Jul 8, 2020

You cannot simply remove your name from the mortgage. The lender will not allow that. They will relieve you from responsibility for the mortgage when the house gets sold or when your husband refinances and gets a new loan. You should consult with a divorce lawyer.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: If I get remarried to my ex does the prior divorce decree become null and void or will it go into effect if we split up?

We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?

J. Richard Kulerski
J. Richard Kulerski
answered on Jun 23, 2020

You will have to file for a new divorce.

3 Answers | Asked in Divorce and Family Law for Illinois on
Q: I am pregnant but my lawful husband is not a father. Who will be mentioned as a father on birth certificate?

Hello. I separated from my husband 6 months ago but we haven't been divorced yet. I found that I am pregnant with my new boyfriend.

Who will be mentioned as a father on birth certificate?

Do I have to put the name of my current lawful husband or I can put the name of... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Jun 1, 2020

You should list the biological father, not your husband. This is perfectly acceptable and legal and happens frequently.

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3 Answers | Asked in Divorce for Illinois on
Q: Uncontested divorce Illinois. Attorney refused to represent me

My husband & I are divorcing and have agreed on terms as far as marital property division and maintenance. The attorney I hired, after reviewing the tax returns and agreement, has refused to represent me. He says that I am eligible for much more according to the law and that a judge wont... View More

J. Richard Kulerski
J. Richard Kulerski
answered on May 21, 2020

Without knowing what the terms of the Agreement are, it is impossible to give an opinion as to whether a judge would or would not approve the settlement. The lawyer had the right to do what he or she did. Aside from attempting to protect you, the lawyer probably did not want to look foolish in... View More

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3 Answers | Asked in Divorce for Illinois on
Q: Is there a way to save for a divorce while still married? Can I transfer to an account that just has my name on it?

Can I pretend like I’m paying my parents to watch my kids?

J. Richard Kulerski
J. Richard Kulerski
answered on May 15, 2020

Any funds that you put aside in this fashion are a marital asset, and it is quite acceptable to pay your attorney's fee with marital funds,

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