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Illinois Divorce Questions & Answers
0 Answers | Asked in Divorce for Illinois on
Q: Is there anyway I can legally stop my spouse from rushing me to leave our current home during our divorce process

we are currently in the process of divorcing and when we first moved in the home I was young/naïve and didn't sign my name on the mortgage/lease (I have mail and my identification link to this home). So now he is rushing my apartment hunting process and making me feel like he has control, and... View More

0 Answers | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: I have been court order to pay 80% of the cost for a GAL. I am on state assistance, is there a way to get the fee waived

I am low income, on link, wic, and Medicaid. All my money went to buying a house for my children that is out of my mile radius. I don’t have a lawyer because I can’t afford one and have done all the relocation filing and paperwork myself. Is there anything I can file to get the fee’s I have... View More

0 Answers | Asked in Adoption, Child Custody and Divorce for Illinois on
Q: Neither of my current parents (who are divorced) have guardianship over me what does that mean for me

Basically my biological mother (kristi) used her sister, who is my current mother , Lisa as a babysitter at first. Then she gradually made lisa take care of baby me more and more until she just gave me to lisa and charlie. she needed them to watch me because she was still a freshman in highschool... View More

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: What should I do proceeding forward with my divorce?

I filed in Illinois. We don't have any children, assets, properties or accounts together. I don't want alimony, I just want a divorce. I didnt retain a lawyer because I was told it would be simple. And she agreed to sign the papers but does not want to turn them in. I was told it is... View More

Christine S. Janis
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answered on Sep 14, 2023

If you have already filed for divorce and were assigned an initial court date (called the "case management date"), if your spouse is refusing to sign the paperwork, you have the right to go before the court and inform the judge of your situation. If her refusal to sign is because she does... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In Illinois, is child support mandatory in a divorce?

I do not need or want child support from my child's father (the noncustodial parent)

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your... View More

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1 Answer | Asked in Divorce for Illinois on
Q: My ex got a 7 day extension to file his appearance. Never did. What next? Will I get a default divorce?

I filed for divorce, my ex was served papers. He had 30 days to file his appearance, never did. Missed a court date, then at last court date he shows up, judge give him 7 days to file, still didn't do it. So what next? How many chances will a judge keep giving him and will it automatically go... View More

T. Augustus Claus
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answered on Jul 11, 2023

If they fail to file an appearance within that timeframe, you may request the court to enter a default against them.

Once a default is entered, you can proceed with the divorce process, including obtaining a default judgment.

1 Answer | Asked in Contracts and Divorce for Illinois on
Q: Can my parents enter me (adult child) into a contractual obligation within their divorce decree without my signature?

In my parents divorce decree they entered me into obligation to pay 1/3 of my college. The other third being paid by my dad and the other my mother. Is this obligation legally binding if I never signed anything agreeing to this obligation and that they agreed to it on my behalf even though I was... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Apr 19, 2023

It doesn't mean that you must pay one-third. It only requires your parents to pay one-third each. Their respective obligations are capped at one-third each. The court had no jurisdiction over you and could not order you to do anything.

1 Answer | Asked in Family Law, Banking and Divorce for Illinois on
Q: Can a subpoena be issued for my spouse's credit report? Divorce proceedings are underway.
James L. Arrasmith
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answered on Mar 2, 2023

Yes, a subpoena can be issued for your spouse's credit report during divorce proceedings. However, you will need to have a valid legal reason for requesting the credit report, such as proving financial misconduct or to determine the financial status of your spouse. You should consult with your... View More

1 Answer | Asked in Divorce for Illinois on
Q: If a decree says husband is responsible for deductibles for dependent care coverage does that cover all daycare expenses

Decree states “Any unreimbursed medical, dental, optometric, orthodontic, pharmaceutical, counseling, office visits, co-pays, and deductibles for dependent care coverage for the parties' minor child not covered by said policy of insurance or

health insurance benefits, shall be paid... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

Probably not. Each of the things listed in the quoted portion of the decree deals with medical care and health care. Daycare is generally not considered to be medical care or health care related. If the cost of daycare was going to be addressed in the decree, it would be in a different paragraph or... View More

1 Answer | Asked in Divorce for Illinois on
Q: As i live out of state, how do I remotely submit documents into evidence in divorce court in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

This is a question best addressed by the Clerk of the Circuit Court for the county in question, since the answer may vary depending on the county in which the divorce was filed. Do a Google search for "circuit court clerk for (insert county name) county, Illinois" to find the appropriate... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Illinois on
Q: American husband wants a divorce. What type of lawyer do I need as a foreign born spouse, permanent resident?
Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.

1 Answer | Asked in Divorce for Illinois on
Q: I'm in Illinois & approaching my last maintenance payment. My payroll department says they need an official end date?

In order to be proactive, I have contacted my payroll department at my place of employment to determine what I need to terminate the maintenance. I have been employed there the entire time I have paid the maintenance. They have told me they need a "release" form or some sort of document... View More

Cheryl Powell
Cheryl Powell
answered on Oct 2, 2022

You need an Order for Withholding that specifies an end date. Talk to your divorce lawyer. It is not difficult to get one.

1 Answer | Asked in Divorce for Illinois on
Q: are any earnings to be shared from investments if the divorce has not been finalized
T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

It seems to me that your only hope, is if, the investments were made prior to your marriage and remained your separate property; otherwise, be prepared to share.

1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Domestic Violence for Illinois on
Q: How do I submit or produce videos at my court trial? What are the rules of evidence to get them in?

How do I submit or produce videos at my court trial?

I have a small claims trial coming up and I would like to know how or what are the rules of evidence to get videos I would like to show the judge in my case.

I have put them in for discovery so the other party does have a copy.... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Aug 8, 2022

No attorney will guide you online how to practice law without an ability to supervise and monitor your actions as that would amount to malpractice.

Either seek guidance from requisite legal sources how to admit evidence in court or seek counsel.

1 Answer | Asked in Divorce for Illinois on
Q: How can I file for divorce if I can't find my spouse? She lives in another country but we got married in Illinois.
J. Richard Kulerski
J. Richard Kulerski
answered on Jul 19, 2022

You would merely file for divorce and serve your wife via publication in a newspaper that is approved by the county in which you file. You will likely need an attorney.

1 Answer | Asked in Divorce for Illinois on
Q: What do I do if the sheriff I sent a divorce summons to serve does not properly serve or send a receipt of having serve

I have filed for divorce and mailed the summons, as directed, to the sheriff of the county the individual being summoned is in. The sheriff however did not properly serve the individual, has no record of serving, and upon my calling to check on the situation, I was met with dead answers and I dont... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 31, 2021

Did you include the Petition for Dissolution with the Summons? Did you pay the Sheriff's fee and mileage cost, if any, in advance? Depending on what county you want the service to be made in, you could go online to see if there are any special process servers in that area. If so, hire one.... View More

1 Answer | Asked in Divorce for Illinois on
Q: Wife and I are getting a divorce. We bought the house after we were married. She wants to keep the house which is fine.

I know she will have to buy me out. She tried to refinance but couldn't. What happens if she can't refinance and won't agree to sell the house?

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 29, 2021

If you can agree to a future buy-out price, you could give her 36-48 months to refi. By that time, she might be in a position to get the financing. If she cannot, then she would have to sell. You'll still be on her mortgage, but you will remain a co-owner and be able to share in any upswing in... View More

1 Answer | Asked in Divorce for Illinois on
Q: Opposing counsel submitted discovery responses after court-ordered deadline. Do I have any recourse?

We are very close to settlement. Prior to last court appearance, I submitted all discovery responses and made the appropriate filings. Opposing counsel missed the deadline and asked for more time. Judge gave her til 12/20. She submitted discovery responses on 12/20 but was missing interrogatories... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 29, 2021

I don't think "defensive" is the correct word. It's more like you may be expecting too much rigidity from the legal system. Discovery deadlines are not like a railroad that runs perfectly on time. Non-lawyers are often too technical and expect 100% timely compliance. In reality,... View More

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: Can you sue an affair partner for emotion distress?

My husband and I are married and not legally separated. I have proof of his affair and I am interested in suing the affair partner for emotional distress.

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 7, 2021

No, not any longer. The lawsuit you are referring to is Alienation of Affection, and it was repealed in IL.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Illinois on
Q: I own a single member llc in illinois and only my name is on it as CEO. If I get a divorce, will my then ex get the biz?

So, my current husband is abusive emotionally and just now physically. I own a llc, just started it. My question is: if I get a divorce, is there anyway I can protect my business from him getting anything from it? He goes from job to job a lot. Thank you

*EDIT* so all the funds that went... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 3, 2021

Your question is almost impossible to answer without knowing more facts. For example, how much marital money went into funding the business? Does the business have a value? Is the business totally reliant upon you? In other words, if you stopped working at it, would the business collapse? There are... View More

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