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Questions Answered by J. Richard Kulerski
1 Answer | Asked in Divorce for Illinois on
Q: I have been married over 21 years. We live in Illinois. No children. He earns about $100,000 per year.

I earn about $65,000 per year. Home will be paid off in 2 years. This is our first home. It was purchased together. If we divorce am I entitled to any alimony?

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 16, 2018

Yes. According to current Illinois law, you are entitled to $2,499 per month (taxable to you) for at least 20 years, and the amount is likely to be modified upon retirement). This calculation is according to Family Law Software, and is based upon the facts you have provided.

1 Answer | Asked in Divorce for Illinois on
Q: Can I get a quick uncontested divorce from my wife after only being married for 10 months?

The house is in my name only,can I legally have my wife move out after filling for divorce?

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 5, 2018

You can definitely get divorced after just a 10 month marriage. You have not provided enough facts to allow for an answer as to whether it can be quick and uncontested. Every case is different, and even cases involving short marriages can be difficult.

She does not have to leave your house...
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1 Answer | Asked in Divorce and Domestic Violence for Illinois on
Q: Is there a possibility that you can divorce after 2 weeks of being married? Also does a domestic report help?
J. Richard Kulerski
J. Richard Kulerski
answered on Mar 24, 2018

Yes, you can obtain a divorce immediately upon getting married if the other party agrees. If he or she does not agree, you have to be separated six months.

1 Answer | Asked in Divorce for Illinois on
Q: I have filed for divorce and due to many reasons had to personally serve him the papers. He is still within his 10 day

day period to file his appearance with the court. So technically, nothing has even started yet. Is my husband allowed to move out, not tell where he is living, and not see the kidsanymore? Is there a way to force him to see our children?

J. Richard Kulerski
J. Richard Kulerski
answered on Mar 17, 2018

No, you cannot force him to spend time with the children. Parenting time is his right, not his obligation. Similarly, receiving child support will be your right, but not your obligation. He can refuse to see the children, and you can refuse to cash his support checks.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Can my ex-husband get full custody of our daughter even tho we just started sharing her 50/50 a few months ago?

We separated 2/2016. I filed for divorce 3/2017, but he would only see our daughter every other weekend since we got separated until the summer of 2017. We have been 50/50 for a few months now and now he wants to take her full time and have me pay him child support. I have never asked him for child... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Mar 10, 2018

With no court order in place, either or both of you can seek whatever parenting time you wish. However, neither of you will have the right to any specific parenting time until a judge decides the issue, or the two of you can reach an agreement that is mutually acceptable. Just because your husband... View More

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1 Answer | Asked in Divorce for Illinois on
Q: Would adultery have any affect on divorce?
J. Richard Kulerski
J. Richard Kulerski
answered on Mar 5, 2018

Illinois is a no-fault state, so adultery, in and of itself, would have NO effect on a divorce. Evidence of adultery would be inadmissible, but the money (if provable) that the offender spouse spent on the paramour would have to be returned to the marital estate for division.

1 Answer | Asked in Divorce for Illinois on
Q: I've been married for 7.5 years but havent resided with my husband for 5 years am I entitled to maintenance?
J. Richard Kulerski
J. Richard Kulerski
answered on Mar 4, 2018

It is difficult to answer your question definitively without knowing more facts. For example, with whom have you been living for the past five years? Are your incomes such that maintenance would be warranted?

In general, however, maintenance would be determined by the years of the marriage,...
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1 Answer | Asked in Divorce for Illinois on
Q: Filing for a non-contested divorce online with spousal maintenance. Married 26 yrs. Is this legal and bound
J. Richard Kulerski
J. Richard Kulerski
answered on Mar 4, 2018

The only thing that would be "legal and bound" is a Judgment for Dissolution of Marriage, which is signed by a real judge. This means you have to process your divorce through the court system. There is no such thing in IL as an Online Divorce.

2 Answers | Asked in Divorce, Family Law, Child Support and Health Care Law for Illinois on
Q: How do courts split the cost of health care?

My son is on my insurance plan, and it is just the two of us. If my plan costs $100 per month, would we split half of $50? I would think my half costs $50, and my sons half costs $50 which we'd split and each pay $25 for his insurance monthly. His father thinks we should only split the... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 15, 2018

Your husband is correct because the cost that is to be shared is limited to the actual cost of only the child's portion of the premium.

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3 Answers | Asked in Divorce and Landlord - Tenant for Illinois on
Q: My husband and I decided to divorce. We rent our home and I am the only one on the lease can I have the locked changed?
J. Richard Kulerski
J. Richard Kulerski
answered on Mar 1, 2018

No, you cannot lock him out. It is your marital residence no matter in whose name the title or the lease is. If you did lock him out, he could hire a locksmith and lock you out. You both have the same rights of occupancy until a court says otherwise.

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2 Answers | Asked in Divorce for Illinois on
Q: Divorce-Maintenance laws

Maintenance was decided about a year ago. Now the ex husband wants it changed. Does the ex wife have the right to ask for something similiar to the discovery of assets and what his w-2 showed before it can be changed? And if her lawyer won't ask for it can she ask the judge to see all of... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 15, 2018

In any post judgment action to modify a support order, both sides have the same discovery rights and obligations that they had in the divorce case in chief. State and Local court Rules require this discovery.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My MSA defines my child support pmt based on 120 nights/yr. My overnights are now >170. Can I have the MSA changed?

Case was finalized in June of 2013. Shortly after that, my ex wife suggested that I take the child one more night per week (52 additional nights per year). I understand that anything over 141 nights- or something close to that- is considered true joint participation and I may not be obliged to... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 21, 2018

You can file a two count petition with the court. In Count I, you would ask the court to modify the judgment to conform to the reality of your present parenting time schedule. In Count II, you would allege a substantial change of circumstance, and ask that the child support obligation be modified... View More

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3 Answers | Asked in Divorce and Child Support for Illinois on
Q: I'm a retired IL state employee on a pension. In a divorce, can she claim part of that pension, my sole income?

I'm retired from the state and have been receiving pension payments for 4 years. Wife owns her own business. We have 3 kids with one at home (age 15) and 2 in college (ages 18 and 19}. House, 4 cars and about $75K in credit card debt are all in my name alone. Also, what percent of my... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 19, 2018

You do not say how long you were married and in the pension plan. This is critical to answering your question responsibly. She is entitled to one-half of the marital portion of your monthly pension payment. The marital portion is defined as the number of years of the marriage as the numerator, and... View More

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2 Answers | Asked in Divorce for Illinois on
Q: My Wife & I agree to get an uncontested Divorce.What is the 1st thing I need to do to get the ball rolling in Illinois

The things I read, it says that you need to be seperate for up to 6 months, unless there is Adultry, Bigamy, physics & or mental cruelty, drug or alcohol abuse, & a couple of others, & that does not apply.

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 18, 2018

In Illinois, you do not have to be separated even one minute in order to get divorced IF both parties agree that the divorce will be uncontested. If one spouse does not agree to divorce, then the other party must prove a six month separation. The other grounds you mentioned are no longer part of IL... View More

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2 Answers | Asked in Civil Litigation and Divorce for Illinois on
Q: What Maintainence law will govern my case filed 3/17?

Sangamon county..self represented since he left me homeless and penniless and disabled. Married 135 months until filing. His attorney refused to settle until now.awarded temp maintenance 10/17

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 16, 2018

The current law will apply. With an 11 year marriage, the duration of his obligation under the new law is 5.28 years.

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1 Answer | Asked in Divorce for Illinois on
Q: In Illinois, it states that you have to be separated for 6 months. is there any way around that rule?
J. Richard Kulerski
J. Richard Kulerski
answered on Feb 16, 2018

Your take on the law is not true. You do not have to be separated at all (not a minute) if both parties agree that it will be an uncontested divorce. If one party wants to fight, then, and only then, do you have to be separated six months.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: I divorced in 2000. My ex has to pay half of college, but refuses because the law changed recently. Where do I stand?

He was paying half of my daughter's student loans, but stopped about 7 months ago. The loans are in her name, but I co-signed for her. She can't pay them because she only works part time so Discover knocked on my door and said pay up. He just quit payment without saying a word to me.... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 4, 2018

You haven't explained what part of the new law he thinks affects his obligation. I think if such a part actually existed, he would be citing it. Is your child not maintaining a C average? is she outside of the applicable age brackets? Besides, in other areas of divorce law that have changed,... View More

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: Is child support required even though it's not being asked for so divorce can be finalized
J. Richard Kulerski
J. Richard Kulerski
answered on Feb 2, 2018

The court is mandated to order child support. It must do so unless it can justify reserving the issue of child support, but the court must be able to justify why no child support is being ordered at the time. Child support is the child's right, and you, the parent, cannot waive the child's right.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: My husband wants a divorce. Im from Texas and have no family here. Would a judge consider letting me go back?

I have no family here and would have more support from my family with my kids. Would a judge take that into consideration?

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 2, 2018

There are five or six criteria that the court must use to determine whether to allow the removal of the children to another state. Your having family support in Texas and none in IL is only one of the factors.

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1 Answer | Asked in Divorce for Illinois on
Q: My rights if I don't want the divorce.

Hello my wife and I live in Illinois and she had filed for divorce six months ago. I am agents this and I was wondering to know if there anyway to stop the divorce or I don't much choice because of the "irretrievable breakdown or the no fault laws. Is there any thing I can do to stop... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 1, 2018

If your spouse wants a divorce and you have been separated for six months, there is an irrebuttable presumption that irreconcilable differences have arisen, and you cannot stop the divorce from happening.

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