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Illinois Divorce Questions & Answers
1 Answer | Asked in Divorce for Illinois on
Q: What is the affidavit for a divorce settlement called? Is there a form?

This is for a cooperative divorce proceeding and I am pro se. We have reached a settlement agreement, but I am being asked to submit an affidavit on the settlement.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 18, 2020

There is no such form. Now not. Not ever. Maybe they want a Financial Affidavit from you or they are requiring that you get your signature notarized on the signature page. It might also be some sort of form that your county requires in uncontested cases. There is no such thing as an affidavit... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: If I filed for divorce but none of the paperwork was turned in. how long do i have to turn it in?

I filed for divorce in december 2019 but have been too busy to turn the paperwork in, how long do i have to turn the paperwork in to the court i filed with? It was accepted by the circuit clerk the same day I e-filed.

Brian W. Reidy
Brian W. Reidy answered on Sep 18, 2020

There are some things missing from this question. When you filed your case, you should have received a case number from the clerk of court. If you filed in December and have not taken action, you are probably going to have to refile the case.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 14, 2020

The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.

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1 Answer | Asked in Divorce and Child Support for Illinois on
Q: Lost my job and hearing isn't for a month, can I reduce support for my ex and daughters by filing letter with the court

I was laid off due to Corona virus and hearing is a month away. Can I submit a letter to the court proving my job loss and reduce support while I wait for hearing? I'm also ordered to cover insurance. How quickly do I need to provide new coverage?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 30, 2020

The fact that you have a Hearing scheduled indicates that you filed a Petition/Motion to Modify. The Court, in its discretion, can retroactively relieve you of your support obligation dating back to the date that you filed the Petition/Motion.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: if my parents agree on a different schedule than the court agreement, is it illegal?(they are divorced)
Cheryl Powell
Cheryl Powell answered on Aug 25, 2020

They can have any agreement they like. They do not have to follow what is on the papers. They have to comply with the court ordered documents if they cannot agree.

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1 Answer | Asked in Divorce, Family Law and Immigration Law for Illinois on
Q: how can I report it effectively ? to make sure govt. takes an action

soon to be ex-wife .. trapped me into marriage and now we have a kid /// But it has been confirmed that she only married to get a green card ... How could I a US Citizen get some justice here .. she is still on student visa and her sister and brother in law are on employer provided green cards ..... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

Follow your attorney's advice. The tip line will work. This can get complicated, and your attorney is looking out for your best interest.

1 Answer | Asked in Divorce for Illinois on
Q: Want to trade in my car but ex husband wont give me the needed info. What are my options? Car is still in his name

I am divorced and the decree states that I am responsible for the payments of my car that is still in my ex husbands name. I want to trade the car in but he will not provide me with any of the necessary info and will not make himself available to sign off on the car. What are my options?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 17, 2020

You have no alternative but to take him back to court to compel his signature on the title.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter has a hearing disability and ADD. She turned 18 in sept 2018, and graduated high school in child support

Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 13, 2020

The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living... Read more »

1 Answer | Asked in Divorce and Business Law for Illinois on
Q: Can my husband change business name in the middle of divorce so I won’t receive any money or profits.

I had owned 49% of the company and he owned 51%. Originally it was believed that you had a better chance of getting contracts with the government if it was native owned or woman owned. I’m part native. So during COVID lockdown he forced me sign the loan telling me it was the law in order to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 31, 2020

Changing the business name has nothing to do with your rights in a divorce. You need to bring everything to the attention of the lawyer handling your divorce though.

2 Answers | Asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois on
Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi...
Read more »

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2 Answers | Asked in Divorce for Illinois on
Q: During a divorce, if one of the spouses received a lump sum of money does that count as marital property

Money was given to spouse her father and is currently in her separate bank account. Still legally married and should the spouse who received the money have to report it to the lawyer and be split between the 2 spouses?

Cheryl Powell
Cheryl Powell answered on Jul 27, 2020

This is a more complicated question than you may realize. Yes, the lawyer should be aware of all of a client's assets. The first issue is where did the funds come from?

The second issue is where are the funds now?

The third issue is whether or not the funds are marital or...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: serving a filed motion

If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 25, 2020

Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I am 17 can I choose which parent I want to live with if they are still married?
Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

No, you cannot decide where you want to live, whether they are married or not.

1 Answer | Asked in Divorce and Animal / Dog Law for Illinois on
Q: My husband and I have 2 dogs that I signed and paid for. If we divorce, could he take the dogs from me?

He is moving out of the state and has no established place to live yet. It is true that I would have to also find a smaller living arrangement eventually, but I have always been the one to take care of their finances, medical, and well being. Could he argue that I do not have a permanent living... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 9, 2020

If the dogs were purchased during the marriage they are considered marital property regardless of who paid for them. That means that if you and your spouse cannot agree on who gets the dogs, the court will decide.

2 Answers | Asked in Divorce for Illinois on
Q: Me and my spouse will be filing for divorce. He insist. I just remove my name off the mortgage. I want to be bought out.
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 8, 2020

You cannot simply remove your name from the mortgage. The lender will not allow that. They will relieve you from responsibility for the mortgage when the house gets sold or when your husband refinances and gets a new loan. You should consult with a divorce lawyer.

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1 Answer | Asked in Divorce for Illinois on
Q: I'm in default missing a divorce court date. I'm requesting a reversal because of certain reasons. Can I still e-file?
Cheryl Powell
Cheryl Powell answered on Jun 23, 2020

If it has been within 30 days of the entry of any order, or no order has ever been entered, then you should be fine. Make sure you file a motion to vacate or an appearance immediately.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Son is needing a divorce. Child born during separation. He was told he would have to wait till child turned six months

He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.

James G. Ahlberg
James G. Ahlberg answered on Jun 23, 2020

Your son (not you on his behalf) should speak to a lawyer as quickly as possible.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: If I get remarried to my ex does the prior divorce decree become null and void or will it go into effect if we split up?

We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jun 23, 2020

You will have to file for a new divorce.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

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