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Illinois Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law and Contracts for Illinois on
Q: Does ex-spouse need to pay half of daughters' cell phone expenses?

My ex-spouse refuses to pay half of the cell phone expenses for our two teenage daughters. Our divorce agreement states that he is to pay half of all extracurricular expenses with the language "including but not limited to." He argues that because cell phones are not explicitly listed, he... View More

Cheryl Powell
Cheryl Powell
answered on May 13, 2025

Cell phones are not necessary and are not typically considered under extra, curricular expenses.

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3 Answers | Asked in Divorce and Family Law for Illinois on
Q: Will disability affect equal division of assets in Illinois divorce?

I live in Illinois and have filed for divorce from my wife, who is on disability. We have agreed to split all our assets equally, including real estate and retirement accounts. There are no prenuptial agreements. Will the fact that she is on disability affect the equal division of these assets?

Cheryl Powell
Cheryl Powell
answered on Apr 24, 2025

Perhaps. A number of issues affect the division of assets and maintenance. You might look at 750 ilcs 5/504 and 750 ilcs 5/503 for guidance.

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3 Answers | Asked in Divorce and Family Law for Illinois on
Q: Can I serve my spouse after refusal to sign divorce papers?

I filed for divorce online with the circuit clerk and prepared the entry of appearance form for my spouse to sign. However, she refuses, claiming her lawyer doesn't recognize the form, and I suspect she is stalling since she might not actually have a lawyer. I have attempted to contact her... View More

Cheryl Powell
Cheryl Powell
answered on Apr 24, 2025

Certainly. Serve her with your dissolution petition.

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2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Next steps after spouse refuses to sign entry of appearance in IL divorce.

I filed for divorce through the circuit court website and printed out the entry of appearance form for my wife to sign. She is refusing to sign it, citing advice from her lawyer, who claims he has never heard of this form and advised her not to sign. There aren't any deadlines I am concerned... View More

Cheryl Powell
Cheryl Powell
answered on Apr 24, 2025

Yes, you need to have her served. Then her 30 days will start to run. Every lawyer knows what an Entry of Appearance is. I question whether she even talked to one.

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3 Answers | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: My wife refuses visitation with our child post-divorce announcement. What are my options in Illinois?

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

Brian W. Reidy
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Brian W. Reidy
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.

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1 Answer | Asked in Divorce and Business Law for Illinois on
Q: Separated, buying car, worst-case scenario in divorce, Illinois?

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

Cheryl Powell
Cheryl Powell
answered on Mar 11, 2025

All property acquired during the marriage is

Marital property. Wait until you get divorced to buy the car.

1 Answer | Asked in Divorce and Tax Law for Illinois on
Q: Can I proceed with divorce court date without filing taxes?

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?

Brian W. Reidy
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Brian W. Reidy
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

3 Answers | Asked in Divorce and Bankruptcy for Illinois on
Q: Does Illinois divorce law ask about individual or joint debts in papers?

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

Timothy Denison
Timothy Denison
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.

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1 Answer | Asked in Divorce and Landlord - Tenant for Illinois on
Q: Can ex-spouse change locks and remove me before payout post-divorce?

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

Cheryl Powell
Cheryl Powell
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.

1 Answer | Asked in Divorce and Legal Malpractice for Illinois on
Q: Can a lawyer prolong a divorce despite client's wishes?

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

Brian W. Reidy
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Brian W. Reidy
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...
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2 Answers | Asked in Divorce and Personal Injury for Illinois on
Q: Can I sue my husband for intentional infliction of emotional distress

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

Charles Candiano
Charles Candiano
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

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2 Answers | Asked in Divorce for Illinois on
Q: my divorce finalized on the 17th. can I motion it back into court and request maintenance?
Cheryl Powell
Cheryl Powell
answered on Jan 22, 2025

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

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1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: if I didn't request maintenance at the end of court. can I file a motion and bring it back into court and request it?
David Giffin
David Giffin
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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: Cannabis use and child custody during divorce
Cheryl Powell
Cheryl Powell
answered on Dec 16, 2024

What is your question?

1 Answer | Asked in Divorce for Illinois on
Q: How do I get help filing a Qildro after my divorce has been finalized.

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.

Cheryl Powell
Cheryl Powell
answered on Dec 16, 2024

Bring your divorce judgment to a family law lawyer for assistance. This is not a DIY project.

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: my husband had another sexual relationship with another woman while we were separated and going through a divorce.

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.

Brian W. Reidy
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Brian W. Reidy
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...
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2 Answers | Asked in Divorce for Illinois on
Q: Being married for 3 years in illinois domestic abuse

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?

Cheryl Powell
Cheryl Powell
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.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: My 13 year old doesnt want to see her father. He wants to stop paying child support and sign his rights over. Can he?
Brian W. Reidy
PREMIUM
Brian W. Reidy
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.

2 Answers | Asked in Divorce for Illinois on
Q: I got married in Puerto Rico while on vacation, it says they require one spouse to have live there one year before we ca

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.

Cheryl Powell
Cheryl Powell
answered on Nov 28, 2024

Absolutely.................................................

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2 Answers | Asked in Divorce for Illinois on
Q: If you are representing yourself in divorce, how do you request a continuance? Or to reschedule court date?
Cheryl Powell
Cheryl Powell
answered on Nov 25, 2024

Call the circuit clerk's office and ask them.

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