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Illinois Divorce Questions & Answers
0 Answers | Asked in Divorce for Illinois on
Q: Selection of the date to be used in calculating the post-decree property division equity to which I have a claim.

2005 court order stipulated the home was to be put on the market in 2016. Because the property was severely 'under water' at the time, and I could not afford to be saddled with huge personal loans to repay the lenders after a short sale, neither party has taken action. I have monitored... Read more »

0 Answers | Asked in Divorce for Illinois on
Q: Friend is divorced. Ex wants 40 % equality on house that he bought from grandfatherthat he and his father both grew up

She cheated on him and left. Now filing motion for the 40% equality on house. He will have to put house up for sale to give her this money. Both names are on the house papers his first hers second. Wondering if he wouldn’t have grandfather rights to home

0 Answers | Asked in Divorce for Illinois on
Q: Friend got divorced his ex is trying to get 40 % equality out of his house that he bought off his grandfather

Both of their names are on the house. His first hers second. She cheated and moved out. Leaving everything behind. Now taking him back to court for 40% equality. So now he is gonna be forced to sell the house his grandfather, father, and he grew up in.

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... Read 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.... Read 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 Esq.
J. Richard Kulerski Esq.
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... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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.... Read 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 Esq.
J. Richard Kulerski Esq.
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... Read 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... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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,... Read 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 Esq.
J. Richard Kulerski Esq.
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... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
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... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Can I sign the rights to my children over to their mother?
James G. Ahlberg
James G. Ahlberg
answered on Nov 30, 2021

No. Even if you could it would not terminate your obligation to pay support.

1 Answer | Asked in Divorce for Illinois on
Q: In divorce judgment in addition to child support, we have provision where we split uncovered medical expenses 50/50.

That still continues, correct, once they turn 18 and as long as they are still covered under a parent's health insurance?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Nov 6, 2021

Without knowing what your Judgment says, in the world of divorce law (as opposed to insurance coverage benefits), responsibility to pay for children's health costs typically ends at age 18, unless the child is a full time college or vocational school student.

1 Answer | Asked in Divorce for Illinois on
Q: I am getting a divorce. In 2018 my spouses father died but before he did he quitclaim deeded him his home. Now my

husband is being sued about the home and other things by the estate. Am I liable? I’m not included in the lawsuit but now that I’m getting divorced I’m worried I may be responsible if he loses.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Oct 29, 2021

Your question cannot be answered authoritatively until all of your facts can be learned. However, based upon the facts you have provided, I think it is safe to say that you have no personal exposure. Your husband will be spending marital funds to defend the case brought by the estate, and this is... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: What does” she would pay child support in reserve “mean in this paragraph exactly

Yes I meet with him. He did indicate he would be willing to allow her to stay in the house until Ava graduates. He would pay the mortgage ( including taxes and insurance) shoe would pay utilities and child support reserved. He would exercise his parenting time at the house. Can talk Thursday... Read more »

James G. Ahlberg
James G. Ahlberg
answered on Oct 13, 2021

"Child support reserved" used in this way means that the question of child support will be decided at a later date, with neither party losing any rights because the decision was delayed.

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1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: If I were to separate from my wife, would she be entitled to any of the down payment my father put in the house?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Oct 1, 2021

Are you and your wife both on title to the house? If so, your father could get repaid if the money he gave toward the house was a loan. Are you making regular payments to him to pay off this loan? Very important. Consult in person with a divorce lawyer.

1 Answer | Asked in Divorce for Illinois on
Q: Spouse filed for divorce, I signed, but spouse won’t. What can I do?

My spouse retained an attorney and filed a petition for dissolution of marriage (Illinois). I have not retained an attorney due to financial constraints, but I negotiated with my spouse directly. My spouse had her attorney revise the proposal based on our negotiations and had it sent to me again... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 21, 2021

It is not possible to determine what holds up the signing by the other party which was agreed to be signed by both. Possibly you need to discuss legal methods to facilitate that signing or case completion with a counsel of your choice even remotely.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter is 18 and graduated this coming up June. I just found out she will be not going to school after January 1st

Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Sep 8, 2021

I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... Read more »

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