I filed in Illinois. We don't have any children, assets, properties or accounts together. I don't want alimony, I just want a divorce. I didnt retain a lawyer because I was told it would be simple. And she agreed to sign the papers but does not want to turn them in. I was told it is... View More

answered on Sep 14, 2023
If you have already filed for divorce and were assigned an initial court date (called the "case management date"), if your spouse is refusing to sign the paperwork, you have the right to go before the court and inform the judge of your situation. If her refusal to sign is because she does... View More
I do not need or want child support from my child's father (the noncustodial parent)

answered on Aug 5, 2023
Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your... View More

answered on Mar 2, 2023
Yes, a subpoena can be issued for your spouse's credit report during divorce proceedings. However, you will need to have a valid legal reason for requesting the credit report, such as proving financial misconduct or to determine the financial status of your spouse. You should consult with your... View More

answered on Feb 6, 2023
This is a question best addressed by the Clerk of the Circuit Court for the county in question, since the answer may vary depending on the county in which the divorce was filed. Do a Google search for "circuit court clerk for (insert county name) county, Illinois" to find the appropriate... View More
Decree states “Any unreimbursed medical, dental, optometric, orthodontic, pharmaceutical, counseling, office visits, co-pays, and deductibles for dependent care coverage for the parties' minor child not covered by said policy of insurance or
health insurance benefits, shall be paid... View More

answered on Feb 6, 2023
Probably not. Each of the things listed in the quoted portion of the decree deals with medical care and health care. Daycare is generally not considered to be medical care or health care related. If the cost of daycare was going to be addressed in the decree, it would be in a different paragraph or... View More

answered on Jan 25, 2023
A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.
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.... View More

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.
I filed for divorce, my ex was served papers. He had 30 days to file his appearance, never did. Missed a court date, then at last court date he shows up, judge give him 7 days to file, still didn't do it. So what next? How many chances will a judge keep giving him and will it automatically go... View More

answered on Jul 11, 2023
If they fail to file an appearance within that timeframe, you may request the court to enter a default against them.
Once a default is entered, you can proceed with the divorce process, including obtaining a default judgment.
In my parents divorce decree they entered me into obligation to pay 1/3 of my college. The other third being paid by my dad and the other my mother. Is this obligation legally binding if I never signed anything agreeing to this obligation and that they agreed to it on my behalf even though I was... View More

answered on Apr 19, 2023
It doesn't mean that you must pay one-third. It only requires your parents to pay one-third each. Their respective obligations are capped at one-third each. The court had no jurisdiction over you and could not order you to do anything.
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... View More

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.

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.

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.
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... View More

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.... View More
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... View More

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,... View More
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?

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... View More
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.

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.
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... View More

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... View More

answered on Nov 30, 2021
No. Even if you could it would not terminate your obligation to pay support.
That still continues, correct, once they turn 18 and as long as they are still covered under a parent's health insurance?

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.
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.

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... View More
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.