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Illinois Divorce Questions & Answers
1 Answer | Asked in Divorce for Illinois on
Q: I filed for divorce in illinois pro se. I just learned about a QDRO. will the judge automatically require the QDRO?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 4, 2019

A QDRO is for the benefit of the spouse who is receiving a portion of his or her spouse's qualified retirement benefits. It is the receiving spouse that must make sure the judge orders a QDRO.

2 Answers | Asked in Divorce for Illinois on
Q: I have a judgement for Legal Separate with my wife. How to I go about making it a divorce?

My wife and I decided not to divorce so she can stay covered under my health insurance. So we are legally separated with two children. We already have a Financial Agreement and Parenting Agreement. Now I want to change our status from "Legal Separation" to "Divorced". Do I need to hire my lawyer... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 3, 2019

It's possible you could do it on your own, but i strongly recommend returning to your lawyer (whose already familiar with your situation) and letting him or her handle it. There's a lot of truth in the old saying, "I'm a professional. Don't try this at home."

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1 Answer | Asked in Divorce for Illinois on
Q: Married 2003. Abandoned weeks later. She said she filed. No proof. Ready to remarry. Found her address to serve if s

She ran off w/ex. Tried finding proof of divorce. Can't find cuz she was on road. She won't give info.

James G. Ahlberg
James G. Ahlberg answered on Dec 3, 2019

It's a pretty safe bet that if she won't provide the information, it didn't happen. Contact a lawyer in your area and file for divorce yourself if that's what you want.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: How can a state have 2 different dockets cases for the same child support? (Same mom, child and dad).

1982 (Michigan) When the divorce was final there was no order of support. In 1986 the mom put in for uresa initiating, & the state the dad was in gave an order of support. (North Carolina) later the dad moved to another state. (IL) Never heard anything from either states til 94 when there was a... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Nov 25, 2019

You definitely need to consult an attorney who can advise you.

1 Answer | Asked in Divorce for Illinois on
Q: Can divorce lawyer request internet search history from my work

My son to be ex husband is accusing me of things I have not done and saying I have pending charges coming which is untrue I am a lawful and abiding citizen I was just curious if my soon to be ex husbands lawyer can request my internet history from my work

James G. Ahlberg
James G. Ahlberg answered on Nov 25, 2019

Yes.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: My husband pays support as well as Health insurance for kids. Braces are not covered by our plan. Does he have to pay

For half of the cost? It's considered cosmetic and not needed for health reasons. We live in Indiana

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 23, 2019

I assume your husband got divorced in IL because you placed your question in the Illinois law category. My answer does not apply if IN law were to apply in your situation.

The answer should lie in the language contained in his Judgment. Whether or not it covered by insurance has nothing to...
Read more »

1 Answer | Asked in Divorce for Illinois on
Q: If the lawsuit is considered marital property, then what is the percentage the other person would be awarded?

I understand they get a percentage of back pay!

Like would they be able to get a percentage of pain and suffering ,punitive damages or emotional distress. And if so is there a certain percentage?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 14, 2019

There is no set percentage. The non-injured spouse is likely to be awarded a portion of the award, but it is typically not a 50-50 thing. The division is up to the judge and is dependent upon the various elements upon which the recovery is based.

1 Answer | Asked in Divorce for Illinois on
Q: In Illinois is a unawarded Federal wrongful termination lawsuit considered marital property in divorce?

We have been going through divorce for a year and half. My lawsuit wasn't filed till after our separation.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 13, 2019

Yes, it is a marital asset if the wrongful termination occurred during the marriage - whether separated or not.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: We are not married and have a infant child. Who can have custody of a child and percentage of child support?

We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child’s mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Oct 22, 2019

You need to file a Petition to Establish the Father-Child Relationship. The child's mother needs to served that petition. You must ask the court for a finding that you are the biological father of the child. Even if you signed a Voluntary Acknowledgment of Paternity, either party can request a DNA... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: IL Divorce- What forms needed to show judge we don’t want 401k from spouse or for them to pay our cc debt?

Spouse and I are in complete agreement on non-simplified divorce in IL. We want to each be responsible for debts only in our names and neither of us want half of the other’s 401k. We want to be able to settle our divorce without splitting the debt or taking half of retirement

.What... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 19, 2019

Sorry, but here are no such forms for your purposes. What you need is a Marital Settlement Agreement, and this has to be hand-crafted.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: divorce: Have two young children 2 yr old and newborn what does custody possibly look like? do I have to stay in state?
Marilyn  Johnson
Marilyn Johnson answered on Oct 17, 2019

More information is needed in order to answer your question regarding custody. If you want to relocate to another state and you have custody of the children, you will need to have an agreement with the other parent or petition the court to relocate.

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".

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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 »

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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.

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