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... Read more »
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... Read more »
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?
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.
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... Read more »
Yes I meet with him. He did indicate he would be willing to allow her to stay in the house until Ava graduates. He would pay the mortgage ( including taxes and insurance) shoe would pay utilities and child support reserved. He would exercise his parenting time at the house. Can talk Thursday... Read more »
"Child support reserved" used in this way means that the question of child support will be decided at a later date, with neither party losing any rights because the decision was delayed.
Are you and your wife both on title to the house? If so, your father could get repaid if the money he gave toward the house was a loan. Are you making regular payments to him to pay off this loan? Very important. Consult in person with a divorce lawyer.
My spouse retained an attorney and filed a petition for dissolution of marriage (Illinois). I have not retained an attorney due to financial constraints, but I negotiated with my spouse directly. My spouse had her attorney revise the proposal based on our negotiations and had it sent to me again... Read more »
It is not possible to determine what holds up the signing by the other party which was agreed to be signed by both. Possibly you need to discuss legal methods to facilitate that signing or case completion with a counsel of your choice even remotely.
Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?
I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... Read more »
The home was mine since 2001. He did not move in until 2017. Is he entitled to half the growth since 2017 or half of all the profit?
Based on the information you have provided, I am inclined to believe the house is your non-marital property, but that's not necessarily all there is to it. As much as I hate to answer a question with a question, I would also want to know whether he paid down the mortgage and whether he... Read more »
No. The house remains as much a marital asset (subject to equitable division between the parties) as it was prior to the signing of a quit claim deed.
I am in illinois. I cannot find a form to fill out and file for a counterclaim to a dissolution of marriage petition anywhere. Is there any instructions for someone pro se could get some help with this?
Is is identical to a Petition for Dissolution of Marriage, except it is called a Counter-Petition for Dissolution of Marriage. The parties are referred to as Petitioner and Counter-Respondent and Respondent and Counter-Petitioner. This is both in the caption and throughout the document.
If... Read more »
I'm 57-yrs old. My highest wage earning years are behind me. All real estate holdings acquired were made possible by my earnings over last 30-years. Likewise all improvements, management, etc, have been and are 95% on me. Retirement is 401K along with rental properties. I would need no less... Read more »
The law does not require a 50/50 division. The court has the authority to divide marital assets and debts based on what is fair and equitable. The law lists several factors that the court may consider in making that determination, many of which you touched upon in your question.
If you have an Illinois divorce, your papers CANNOT say that no parent is to pay child support. The most it could say along this line is that Child Support is Reserved. This means that either party can come back to court after the divorce to establish a child support obligation.
We are going through a nasty divorce which entails financial abuse, psychological abuse, mental abuse and sexual abuse. I told him and his then attorney (now fired or she quit, not sure which) that I was not going to file a joint tax return. I found out that he filed a joint return without my... Read more »
Your question is difficult to answer because your husband could not have filed a joint return properly without obtaining your signature on the joint return.
My lawyer is asked by the judge to submit extensions for my spouse's order of protection because they don't have an attorney. Isn't this a conflict of interest for me, and can't I just have my attorney not do it?
There is no conflict of interest. Your lawyer could hardly say no to the judge under these circumstances. It's a mere courtesy to the court.
I retired in 2018. I receive VA disability pay for an 80% rating. I also receive a military pension. As part of a divorce, I must pay 40% of my gross mil pension to ex spouse. Is it possible to waive mil pension in exchange for exclusively receiving VA comp in order to discontinue paying out to ex... Read more »
If you are above a 60% rating, then you receive concurrent payments. You receive your disability and your retirement. You can not waive the retirement portion to receive disability above what you are already receiving.
I'm not even sure divorce is the answer for me but I don't want my kids and I to be left with nothing and I feel like he would do his best to leave us begging for air. If I bought land with my own savings could I gift it to my children so that he couldn't take it but the kids (and I)... Read more »
You mention using your own savings. If the savings came from money earned during the marriage, then it would not be your savings, it would be marital savings. If you bought land with it, the land would be a marital asset and therefore subject to division at the time of divorce.
He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.
The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... Read more »
We have been having problems for a while now, I got my Green card a few months ago and last month, I got divorce papers from his lawyer. I didn't even know he was filing for a divorce. He got my stimulus second stimulus check last month and refused to give it to me but he's still... Read more »
Morning, please contact our office to set up a 30-minute free consultation.
Our # is 847-705-8000.
My ex violated the OP by sending me a letter and now his lawyer is emailing and sent letter to my lawyer with crazy demands. It feels like to punish me for reporting the violation. They are expecting me to give my ex my banking info so he does not have to mail me support monthly. What they are... Read more »
Please contact my office to set up a free 30-minute consultation with Mrs. Andrea Heckman.
847-705-8000.
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