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?
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.
The house is in my name only,can I legally have my wife move out after filling for divorce?
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... View More
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.
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?
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.
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
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
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.
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,... View More
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.
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
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.
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.
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
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.
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
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
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
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
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.
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
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
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.
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.
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
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
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.
I have no family here and would have more support from my family with my kids. Would a judge take that into consideration?
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.
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
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.
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.