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Illinois Divorce Questions & 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. 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. 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 answered on Aug 12, 2019

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

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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 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 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...
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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 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 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.

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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 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 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 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 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 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 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 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.

2 Answers | Asked in Child Custody and Divorce for Illinois on

Q: wife want to split frm me & she is say take alimony & child support, i not been wrnkg 4 2 mnth she want house 2 go 4cls

The house has equity but the womens help group tells her to let it go in foreclosure then they will help her out she is mad that i dont have a job but she does not want to get one herself or drop out of school she is ranking up crt crd bills and i dont know those crs are in her name not sure what... Read more »

Robert B. Buchanan answered on Jul 3, 2019

There's some important steps you need to take to make sure you have the strongest case possible.

Child support is based on a formula and she doesn't get maintenance just for asking.

If your house has equity, then foreclosure might not be the best option.

Contact a lawyer...
Read more »

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2 Answers | Asked in Divorce and Family Law for Illinois on

Q: Where can I get info about local attorneys who can give me an approx cost?

What if my husband doesn't pay the fees when I don't have the money to cover attorney fees.

James G. Ahlberg answered on Jun 12, 2019

Call and ask them how much they charge and how fees are calculated.

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2 Answers | Asked in Divorce and Family Law for Illinois on

Q: I need probono services for divorce/family law.

I have been married for 18 years in 2000 Aug. I have two kids ages 14 yrs, 9 yrs. We were married in India and are US citizens now. I have been homemaker for most of time I was married. I tried part time work but gave up due to health issues and to take care of kids. I am not sure how I can afford... Read more »

Peter M. LaSorsa answered on Jun 12, 2019

Even though you may not have money up front for an attorney's fees, if you hire an attorney he or she may be able to collect attorney fees from your husband through court order. You should check with local attorneys who handle divorce cases.

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2 Answers | Asked in Divorce for Illinois on

Q: Petition for divorce was entered and Date set. Decided not to get divorced but now want to proceed. How do I reopen?

appearance was set for late November 2019.

J. Richard Kulerski Esq. answered on Jun 10, 2019

The answer to your question would depend on whether you caused your case to be dismissed, and how and when it was dismissed. You have not furnished enough facts to enable a responsible answer. Filing a new case may be easier than trying to revive the first case.

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2 Answers | Asked in Divorce and Estate Planning for Illinois on

Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?

Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings and... Read more »

J. Richard Kulerski Esq. answered on May 26, 2019

If you want your pre-nuptial agreement to be valid, you MUST list ALL of your assets. It's for your own protection. Besure to provide in your agreement which state's law will apply in the event of a divorce. You can specify this. A lawyer can advise you how to handle assets acquired and money... Read more »

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1 Answer | Asked in Divorce and Family Law for Illinois on

Q: Can a spouse receive alimony in IL from a spouse who receives VA service-connected disability compensation?

Married 16yrs, separated for 17 months. Spouse of veteran hasn't had employment for 10 years. Spouse needs time to train for employment all over again to re-enter the job force.

J. Richard Kulerski Esq. answered on May 20, 2019

Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.

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