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Illinois Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Per IL law: the marital home was purchased (no mortgage) with funds earned prior to the marriage.

A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?

Brian W. Reidy
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Brian W. Reidy
answered on Nov 6, 2024

With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More

0 Answers | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: I am wondering what I can do to maintain my relationship with my step-children now that I do not have custody of them.

I left ex-spouse last March w/ my two children and her two from her previous marriage(I had raised them since they were not even 1/2, and they are now 7/8). I got emergency custody orders of my children, and was able to call the bio father of the other two so he could come and get them and keep... View More

1 Answer | Asked in Divorce for Illinois on
Q: Hello! I am looking for a pro bono divorce lawyer or someone that has the husband pay for services. Bigamy is included.

My husband left at the end of 2016 to attend a trial in Washington of the driver which was the car his son passed away in. He ended up staying there, got a good job, while I was left with a mortgage, 2 pre-teens, a truck note, and all other bills while not working. I recovered after all that time... View More

Cheryl Powell
Cheryl Powell
answered on Oct 17, 2024

Sorry, I cannot provide either of those things.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I am a senior looking for answers regarding spousal rights.

Have become aware of an outside, long-standing relationship that my husband is involved in. Additionally, questions regarding validity of our 2001 marriage. Husband and ex-wife only divorced within past five years. I only recently found this out.

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2024

Please write your question.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Can I re-open my divorse case with a lawyer who will fight for me more agressively for me!

My ex husband is physically, financially, and emotionally abusive, and I have lots of photos, text messages, police reports, and he was even fined by our judge during our divorse for making several disparaging remarks on social media. He still uses harrasing and threatnening language, but the... View More

Cheryl Powell
Cheryl Powell
answered on Sep 26, 2024

No, your case cannot be reopened after 30 days. It also cannot be appealed. If the children's circumstances change, bad grades, running away, etc. Then you can go back to court and start over.

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Can my ex wife all the judge to change the wording to a motion that was granted to me while at a status hearing

Was granted a motion for reunification counseling to be ordered. At next status hearing, ex wife asked that the wording be changed from reunification counseling to family counseling. These are very different types of counseling with different objectives. Judge allowed it. Can I challenge this? I... View More

Cheryl Powell
Cheryl Powell
answered on Aug 31, 2024

The objection should have been made before he changed it. If the order was changed less than 30 days ago you can try but I don't know that it is going to get you anywhere. This is a problem if you are acting as your own lawyer.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More

Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:

1. Reimbursement for Overpayment of Maintenance

Yes, under Illinois law, if you overpaid maintenance due to a decrease in...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Hello I have low income and my spouse had been verbal and mentally and financially abusing me I what can I do ?
Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.

You are...
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1 Answer | Asked in Divorce for Illinois on
Q: I live in Illinois and have been married 47 years. My husband wants a divorce. Can I get alimony?
Cheryl Powell
Cheryl Powell
answered on May 29, 2024

Possibly. There are many factors to be considered. Look at 750 ILCS 5/504. Also Google maintenance calculator Illinois and fill it out.

1 Answer | Asked in Divorce for Illinois on
Q: How can i legally protect myself from my husbands spending prior to divorce in IL? He’s not paid mortgage in 6 mos.
Cheryl Powell
Cheryl Powell
answered on May 25, 2024

You cannot do that without a divorce. But you can minimize it by separating bank accounts, credit cards, owing nothing jointly.

1 Answer | Asked in Divorce for Illinois on
Q: Is there a way to delay a hearing based on a mistake?

My divorce was finalized in January. The settlement stated I had to secure financing or list the house for sale by February 29 2024. I have been fighting with Chase trying to assume the loan. My ex's lawyer filed a motion to show just cause. I went to court in April and informed the judge I... View More

Cheryl Powell
Cheryl Powell
answered on May 19, 2024

You were present. You know the date. Apply for financing at 3 banks.

1 Answer | Asked in Copyright, Criminal Law, Divorce and Family Law for Illinois on
Q: Hello I would like resources for lawyers who can help me with people in my past who stole my identity

I have attended the Illinois institute of art Chicago and Western IL University in Macomb I have two kids who are missing and have been strategically denied resources because I've been sharing my experiences with how I was blackmailed and lied on and I'm not a victim by no means but the... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

It sounds like you are going through a very difficult and complex situation. Identity theft, stalking, and harassment are serious issues that require careful legal handling. Considering your circumstances, including the impact on your personal life and your desire to take legal action, seeking... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: My divorce attorney is going to hire my ex wife Less than a year after my divorce is there anything wrong with this?

If I were to use him to get bring her back for custody issues would this not be some kind of client confidentiality issues?

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

Your question is not clear. Your divorce attorney is going to hire your ex wife. For what?

1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Divorce for Illinois on
Q: How does contempt of a judgement ordered work and what can be done on my part to keep me from losing out?

My husband filed for a divorce after 24 yrs. Judge order temporary support and for him to pay 75% of the car-note per month along with a certain amount in support, neither one has been upheld fully and now the car has been repoed leaving me without a vehicle and unable to obtain one. He is stating... View More

Cheryl Powell
Cheryl Powell
answered on Jan 30, 2024

Don't you have a lawyer? Why are you not asking that person these questions? Why are you entertaining your husbands opinions? What do you think he knows?

1 Answer | Asked in Divorce, Family Law, Tax Law and Military Law for Illinois on
Q: I was married in Okinawa, JP, however, I am trying to get divorced and have come across that it was never filed in IL.

My spouse and I got married in Okinawa while on active duty orders. However, I am trying to file for divorce and have come to many issue due to the unfortunate situation and have also realized that it was never filed with my home of record (Champaign County IL). We have been “married” since 11... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Based on the information provided, a few key points:

• For a marriage that occurs abroad to U.S. citizens, it is valid in the U.S. even if not registered specifically with the home state. So you have a valid marriage.

• However, to get divorced in Illinois, you typically need to...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: 've been married for going on 14 years and want a divorce husband is overseas how do I do that?

Hi my name is Sarah by the way.

We have been separated I would say 2 years into our marriage because he ended up going back to his homeland and have not heard from him since what do I do

Cheryl Powell
Cheryl Powell
answered on Jan 21, 2024

1. Can you reach an agreement? If so, you can send him papers to sign.

2. If no agreement, have to serve him with a process server.

3. If do not know where he is, then he just has to be served by publication in the newspaper but that limits the relief that can be sought.

It's doable.

1 Answer | Asked in Divorce for Illinois on
Q: Can my soon to be ex husband get my inheritance

If I inherited land after we divorce can he lay claim

Cheryl Powell
Cheryl Powell
answered on Jan 13, 2024

No, spouses are not entitled to inheritances. Do keep it in a separate account.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Illinois on
Q: Is my ex breaking my OP?

I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.

2 Answers | Asked in Divorce for Illinois on
Q: In the middle of a divorce and I just found 2 hidden cameras in my house that are able to record conversations.

Both me, child and my husband live in the house. I filed for a divorce back in September. Just last week I found a hidden camera that was watching me and I just found out that another one will be delivered soon. A small "spy camera" that looks like a phone charger. Was ordered thru his... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

Video probably, voice no. Must have consent for voice.

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