Lawyers, Answer Questions  & Get Points Log In
Illinois Divorce Questions & Answers
1 Answer | Asked in Divorce for Illinois on
Q: Can my soon to be ex husband be prosecuted for having a baby by another woman?

My Husband mistress announced on Facebook and it has torn me to piece s.What can be done?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 17, 2019

I believe that adultery is no longer a crime in IL. In any event, I sincerely doubt if the prosecutor in your County would bring charges. I have never seen it done. You would be wise to speak with a mental health professional to lessen the trauma you are understandably experiencing. They can... Read more »

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I filed for divorce but missed the court date and the case was dismissed. How do I proceed with the divorce?

I have not had contact with my spouse and do not know of his whereabouts any longer. I have tried to contact him regarding the divorce but I get nothing back, I don't know what to do anymore.

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

You have 30 days from the date a case is dismissed to file a motion asking that the order of dismissal be vacated. If the motion is granted it reinstates the case. As far as your spouse's whereabouts, (1)if you had a Summons and Petition for Dissolution of Marriage served on him or her, (2)he/she... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... Read more »

James G. Ahlberg
James G. Ahlberg answered on Oct 10, 2019

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions to... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: How can my pension payment after divorce be right, it's not what the decree stated?

Pension Payment To Ex-Wife Can't Be Right

When I got divorced (m1980-d2001) the divorce decree under the section PENSION AND RETIREMENT BENEFITS stated:

The wife shall receive 50% of the marital portion of husband's pension/retirement plan and 401k plan that has accrued during the... Read more »

Brian W. Reidy
Brian W. Reidy answered on Oct 1, 2019

Did you have a lawyer at the time of the divorce? That would be a good place to start. Otherwise, you should look for someone close to you that can review your documents and try to sort things out. It is hard to say what is "right" or "wrong" without looking at the relevant documents, which are the... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: divorce needed

divorce needed both parties married in state of New Jersey, husband residing in Illinois for past 8 years, wife still in NJ no kids no property involved no contest. Can you do this or do you of attorney who can?

James G. Ahlberg
James G. Ahlberg answered on Sep 20, 2019

It can be done. Your best bet is to talk to friends who've been divorced to see if they have a lawyer to recommend, click on the "Find a Lawyer" tab on the Justia.com website, or Google the term "divorce lawyer, danville, illinois".

View More Answers

2 Answers | Asked in Divorce for Illinois on
Q: How is real estate equity divided after a divorce if one spouse owned the house with equity prior to marriage?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 11, 2019

It makes a huge difference if the spouse who owned the property prior to the marriage ever transfered co-ownership to the other spouse during the marriage. This is a vital fact that you have not provided. If he or she did put the property in co ownership, then the property is most likely a marital... Read more »

View More Answers

1 Answer | Asked in Divorce for Illinois on
Q: In il ,self employed .new cliant and recieved first check from them way earlier then expected.

Should i wait to deposit till after i file which i am going to aproach her and tell her its time and get it done quickly . which we are on very good terms and she knows its comming still but dont wsnt to giver her any amo. or does it matter.i have a prenup from 25yrs ago before we got married which... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 16, 2019

Whatever you are trying to avoid will not be avoided by waiting to deposit the funds until after you file. If the funds to be deposited are marital or not, the mere filing is meaningless and makes no difference.

1 Answer | Asked in Divorce for Illinois on
Q: We are trying to settle out of court but differ greatly on the division of marital and non marital assets.

Spouse 1 - pension of $5900/month

Spouse 2 - pension $5200/month

Marital Property/Assets = $1,000,000

Spouse 1 - $360,000 in non marital funds thru inheritance

Spouse 2 - will receive $100,000 in inheritance from parents life insurance policy within the next 10-15... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 16, 2019

I do not know what your question is, but one thing is for sure: Spouse Two's $100,000 "inheritance" does not matter in any way until it is received.

2 Answers | Asked in Divorce for Illinois on
Q: What does summons retd ns mean in a divorce? Does that mean the divorce was cancel.?
Robert B. Buchanan
Robert B. Buchanan answered on Aug 12, 2019

It means the Sheriff was unsuccessful in their attempts to serve your spouse.

View More Answers

1 Answer | Asked in Divorce for Illinois on
Q: I am married. However, I want a divorce and have not yet been. I live in an apartment with my daughter, want him out.

He sexually kissed my 16 year old daughter, but I never filed a police report. Also, he threatens to have me taken to jail if I don't let him in? I am married. We dont feel comfortable with him in the home. The police said I cant force him to leave, but can they force me to let him in?

James G. Ahlberg
James G. Ahlberg answered on Aug 12, 2019

Don't rely on the police for legal advice. You can get an order of protection keeping him away from you and your daughter as well as your home. Although you can seek an order of protection on your own, I recommend that you contact a lawyer about this. If it's worth doing, it's worth being sure it... Read more »

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Me and my husband still married we seprated in 2013 yoingest was 8 months. i had to move back home to alabama due to

Not havint family in illinois i left 3 of my 4 daughters ygere my oldest has a differe ntfather i allowed my husband to come back and get her (shes the only father shes ever known) i trusted him i made the decision to do so bc i wasnt stable.. It didnt take me but about 3 months to get on my feet... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Hi! If the kids are in Illinois, you need to start either a custody or divorce case depending on whether you're married.

Once the case begins, the judge may schedule mediation which will be an opportunity to talk the father what you're hoping for.

There's no legal requirement you...
Read more »

1 Answer | Asked in Child Support, Divorce and Military Law for Illinois on
Q: What can i do about my outrageous child support amount? i left the military and i tried to change the amount.

The case was originated in hawaii. I was discharged from the military back in june of last year. My child support was calculated off of my income, in which i am no longer making near the amount. I literally cannot pay my bills. I sent in a modification request, although now im receiving threats... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

It sounds likes you need a lawyer in Hawaii to file a motion to modify child support based on your change in income.

2 Answers | Asked in Divorce for Illinois on
Q: I am currently trying to divorce my husband he was telling me husabnd not allowed to tell me the lawyer's name or number

Normal for a divorce lawyer do not give the spouse a number or a name?

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Hi! No this is not normal. When someone hires me I welcome them to give their spouse my name and number. It sounds like he's playing games for some reason.

I would consult with an attorney asap, especially if there are kids involved.

View More Answers

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Our marital house hasn’t been settled in court but he has had 3 occupants move in- is that legal? (Illinois)

I had to move out in dec last yr due to his emotional and mental abuse/accusations. And he refused to leave- And I didn’t want my children to witness anymore... im currently renting a house until I can either get my house back- or if forced, sell and purchase a new home. I have the children... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jul 22, 2019

If you have a pending divorce, you should file a motion to address everything you mentioned and to request temporary relief.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I was summoned in Illinois incorrectly do I need to show to the court date?

My husband has summoned me for a dna/parternity test as well as custody for our son. We had our son prior to our marriage, and he is not listed on the birth certificate. My son and I fled from Illinois for our safety, and my mother said a sheriff came to her house to give her summons for me, even... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jul 20, 2019

You should hire a lawyer to file a motion to quash service.

1 Answer | Asked in Divorce, Real Estate Law and Probate for Illinois on
Q: New Hampshire home owner failed to file quick claim deep signed by ex-spouse. Divorce decree clearly state ex wife

Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?

James G. Ahlberg
James G. Ahlberg answered on Jul 18, 2019

This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.

1 Answer | Asked in Divorce for Illinois on
Q: How many attempts will a Sherrif make to deliver a divorce summons ? My spouse travels for work what is an alternative?

The first attempt was June 26th Is there alternative method of serving somone when you know for sure it’s hard to find them gone when they travel for 2-3 months at a time. I have the lawyer a schedule for the Sherrifs but his schedule can change often and vary.

Robert B. Buchanan
Robert B. Buchanan answered on Jul 11, 2019

Hi! In Cook County, I believe they only promise one attempt.

You should serve the other party via special process server. It will be more effective and flexible.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If you live with a man for 4 yrs and support him and he puts down your children very bad verbally abused do I have any

He is mentally abusive

Robert B. Buchanan
Robert B. Buchanan answered on Jul 3, 2019

You have some legal options.

Contact an attorney for more personalized advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: How can the State Of IL reopen a closed child support case from 2011, tell me I owe 16k when I was married with my wife?

I got divorced in 10/18 me and my ex wife have 50/50 custody my child support order signed by the judge with a diff amount. I received a letter from child support last week saying I owe 3x more a mon now which I dont understand and it shows it is from the old child support case from 2009 when me... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Jul 3, 2019

The state child support agency is notorious for mismanaging child support accounts.

I wish I had better advice, but you may have to hire a law firm to work their way through the bureaucracy.

It's a broken system.

Best of luck.

1 Answer | Asked in Divorce for Illinois on
Q: My ex is not complying with d divorce judgement of giving me rent money fr d properties we split. Can i sue him?

He quit claim on 3 properties over a yr & I just started getting the full rent from 1 property. He stays on one apartment on 2nd property & wont move out & keeping $2000 rentals from the 3rd property.

Robert B. Buchanan
Robert B. Buchanan answered on Jul 3, 2019

Your options are entirely dependent on the language in your judgment.

If he is violating the judgment you can sue him within the same case for enforcement.

You might be entitled to attorneys fees as well.

Contact a lawyer for personalized advice.

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.