Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Illinois Divorce Questions & Answers
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...
View More

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...
View More

0 Answers | Asked in Divorce and Family Law for Illinois on
Q: My ex requested 3yrs bank stmts etc. while married to me in CA & her wife in IL. how do I request them from her also

My ex has been married to me in CA for 8yrs & married her wife in Dec 2022 in IL. She listed our date of separation As oct 22 but we were last together jul 23. She has a lawyer and is asking me to pay their fees & I don’t because I can’t afford one. She’s asking to know where my money... View More

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
PREMIUM
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
PREMIUM
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...
View More

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.

View More Answers

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: In Illinois, an ex-spouse is hiding money by paying their new partner, who works for their business. Is this legal?

Ex-spouse owns a business and is claiming that their business is not doing well and that yearly "true-up" payments need to be reduced. One of the ways they are hiding money is by paying their new partner, who works for their business. By paying their new partner very very large sums of... View More

Daniel J. Kollias
PREMIUM
Daniel J. Kollias pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

Is the "new partner" a business partner or a domestic partner? Assuming the question refers to a new domestic partner, the answer will depend on several factors, including whether the new partner is actually working for the business and whether the amount being paid to the new partner is... View More

1 Answer | Asked in Divorce for Illinois on
Q: divorce judgement from 2015 with rule 304(a) written finding

Divorce judgement from 2015 with rule 304(a) written finding that there is no just reason for delaying enforcement or appeal or both. no motion reconsider or appeal filed within 30 days. No relief from judgement within two years. However court transcript obtained and they don’t match written... View More

Cheryl Powell
Cheryl Powell
answered on Nov 14, 2023

What is the issue? What are you fighting over? Need more details.

That is the general rule but a judge might consider something very aggregious.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I have been married for three years and six months. . .am I obligated to paying alimony to my spouse upon divorce?
Christine S. Janis
Christine S. Janis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

The easy answer to your question is "maybe." Whether or not you are obligated to pay alimony - now called "maintenance" - depends on a number of factors, including not only how long you have been married, but who is the primary earner and amount of your respective incomes. And... View More

1 Answer | Asked in Divorce for Illinois on
Q: I live in IL and pay spousal maintenance. That started in 12/2018. Ex wife now makes more money. Can i adjust to lower

I am around 100k and she will be around 60k. We don't pay child support.

Cheryl Powell
Cheryl Powell
answered on Oct 25, 2023

The answer depends on your papers.

You need to bring your divorce papers to a family law practitioner to determine whether or not your maintenance is modifiable.

1 Answer | Asked in Divorce for Illinois on
Q: How long do you have to be together before you are legally entitled to half of your spouses 401 k

my son has been married 19 years been together bout 27 years his with all of a sudden wants a divorce pushing hard to get done quick pretty sure she's got a boyfriend. Is my son entitled to any portion of her 401 k so bills can be paid would appreciate any help so we can proceed with this. Thank you

Cheryl Powell
Cheryl Powell
answered on Oct 21, 2023

Yes, your son is entitled to an equitable share of the marital share which for most people ends up being around 50%.

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.