Get free answers to your Divorce legal questions from lawyers in your area.
I told my wife that I wanted a divorce, and she took our three-year-old child and started living with her mom about a week ago. She is now refusing to let me see our child, citing concerns that our family home isn't safe. I haven't been able to visit my child at her mother's place,... View More

answered on Mar 17, 2025
You need to get into Court as soon as possible. Unfortunately, Courts are your best remedy available when spouses cannot agree. I would contact an attorney near you to review your options so that you can get parenting time.
I am currently separated from my wife, and we live in different towns. We have separate bank accounts and assets. We do have a joint debt of $5,000 for Florida, which is only in my name, and I have been solely paying it. We haven't discussed any formal division of assets, but she has... View More

answered on Mar 11, 2025
All property acquired during the marriage is
Marital property. Wait until you get divorced to buy the car.
My spouse and I have not filed our taxes for the previous two years, but we have agreed to split whatever we owe to the IRS. My first divorce court date is next month in DuPage County, Illinois. Can I proceed with the court date even if the tax filings are still pending?

answered on Mar 7, 2025
You "can" proceed with your divorce without filing your taxes, but that doesn’t mean you "should". If your first court date is next month, you don’t have to finalize everything right away. It’s best practice to know exactly what is being divided before finalizing your... View More
I'm reviewing divorce papers related to Illinois divorce law, and there's a section asking whether we incurred debt while married. Does this question pertain to debts that are under both our names, or does it also include debts that are solely in one of our names? My spouse and I have... View More

answered on Mar 7, 2025
The question is asking for all property purchased by either party and held in either name or joint name since the date of the marriage. Full disclosure and complete transparency is advised.
My divorce was finalized last Thursday, and my ex-spouse was awarded the house. According to the agreement, she has until December to pay me off. We both still lived in the house, but she recently changed the locks, preventing me from getting in. The divorce decree doesn't specify any terms... View More

answered on Mar 3, 2025
You need to take your papers to a local lawyer to have them reviewed. It depends on the exact language of the agreement. Did you have a lawyer? If not, it would not surprise me that it is written that way as it is your lawyer's responsibility to make certain that you are protected.
I'm recently divorced, and my ex-husband dragged the divorce out for 2 years. He claims his lawyer refused to draft the Marital Settlement Agreement (MSA) according to his instructions to let me have all the marital assets. Allegedly, the lawyer insisted that my ex should receive something... View More

answered on Mar 7, 2025
It’s difficult to say whether a lawyer prolonged the case without knowing the specifics. Attorney-client communication is protected by privilege, so without direct insight, we’d only be speculating about what was said or why certain decisions were made.
If your spouse is being... View More
I have been married to my husband since 02/27/2019. In about June of 2019 we had started using methamphetamine. Shortly after we started using together, he started getting physically violent. Mainly at first he would choke me out till I passed out. Like I would be standing up and he would come from... View More

answered on Jan 23, 2025
Ms. Powell is correct that it is technically possible. That said, litigation is terribly expensive (you will need to pay in advance) and you need to consider whether your husband would be able to pay. More importantly, money isn't going to keep you from being repeatedly injured by your... View More

answered on Jan 22, 2025
Jan. 17? Yes, you can file a Motion to Vacate and try to get maintenance.

answered on Jan 29, 2025
The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have... View More
My ex said he had completed it and it was a lie. I was advised to get the Qildro started on my end. But I have no idea how to do that.

answered on Dec 16, 2024
Bring your divorce judgment to a family law lawyer for assistance. This is not a DIY project.
My husband is divorcing me and was having a sexual relationship with another woman while we had been separated for 2 months. He had been bringing her into our home and even going to see her while I was away. Our divorce isn’t finalized so is that still considered adultery? He is also in the Navy.

answered on Dec 2, 2024
First, I’m sorry to hear about this difficult situation. Dealing with an affair during a separation is incredibly hard, and I understand how challenging this must be for you.
In Illinois, fault-based grounds for divorce (such as adultery) are no longer recognized, so an affair doesn’t... View More
My name is no where except on one year of tax return and a letter stating I was one who paid down payment for house for up coming marriage. What am I entitled to?

answered on Nov 30, 2024
Any income earned during the marriage is marital property subject to division by the court regardless of whether or not your name was on it.
Take tax returns and anything you can find about bank accts, investment accts, his income and your income to a local lawyer to get answers to your questions.

answered on Dec 2, 2024
Not unless someone is willing to adopt the child. Parenting rights and responsibilities are not the same thing. He still has financial responsibilities to support the child even if he does not want to exercise his parenting rights to have parenting time with the child.
I got married in Puerto Rico while on vacation, it says they require one spouse to have live there one year before we can file but we never lived there. Can we file for divorce where we live? Which is in Chicago.
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?

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
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
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.
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

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.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.