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Illinois Divorce Questions & Answers
1 Answer | Asked in Divorce and Legal Malpractice for Illinois on
Q: Can a lawyer prolong a divorce despite client's wishes?

I'm recently divorced, and my ex-husband dragged the divorce out for 2 years. He claims his lawyer refused to draft the Marital Settlement Agreement (MSA) according to his instructions to let me have all the marital assets. Allegedly, the lawyer insisted that my ex should receive something... View More

Brian W. Reidy
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Brian W. Reidy
answered on Mar 7, 2025

It’s difficult to say whether a lawyer prolonged the case without knowing the specifics. Attorney-client communication is protected by privilege, so without direct insight, we’d only be speculating about what was said or why certain decisions were made.

If your spouse is being...
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1 Answer | Asked in Divorce and Tax Law for Illinois on
Q: Can I proceed with divorce court date without filing taxes?

My spouse and I have not filed our taxes for the previous two years, but we have agreed to split whatever we owe to the IRS. My first divorce court date is next month in DuPage County, Illinois. Can I proceed with the court date even if the tax filings are still pending?

Brian W. Reidy
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Brian W. Reidy
answered on Mar 7, 2025

You "can" proceed with your divorce without filing your taxes, but that doesn’t mean you "should". If your first court date is next month, you don’t have to finalize everything right away. It’s best practice to know exactly what is being divided before finalizing your... View More

1 Answer | Asked in Divorce and Appeals / Appellate Law for Illinois on
Q: if I didn't request maintenance at the end of court. can I file a motion and bring it back into court and request it?
David Giffin
David Giffin
answered on Jan 29, 2025

The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have... View More

2 Answers | Asked in Divorce and Personal Injury for Illinois on
Q: Can I sue my husband for intentional infliction of emotional distress

I have been married to my husband since 02/27/2019. In about June of 2019 we had started using methamphetamine. Shortly after we started using together, he started getting physically violent. Mainly at first he would choke me out till I passed out. Like I would be standing up and he would come from... View More

Charles Candiano
Charles Candiano
answered on Jan 23, 2025

Ms. Powell is correct that it is technically possible. That said, litigation is terribly expensive (you will need to pay in advance) and you need to consider whether your husband would be able to pay. More importantly, money isn't going to keep you from being repeatedly injured by your... View More

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2 Answers | Asked in Divorce and Family Law for Illinois on
Q: my husband had another sexual relationship with another woman while we were separated and going through a divorce.

My husband is divorcing me and was having a sexual relationship with another woman while we had been separated for 2 months. He had been bringing her into our home and even going to see her while I was away. Our divorce isn’t finalized so is that still considered adultery? He is also in the Navy.

Brian W. Reidy
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Brian W. Reidy
answered on Dec 2, 2024

First, I’m sorry to hear about this difficult situation. Dealing with an affair during a separation is incredibly hard, and I understand how challenging this must be for you.

In Illinois, fault-based grounds for divorce (such as adultery) are no longer recognized, so an affair doesn’t...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Per IL law: the marital home was purchased (no mortgage) with funds earned prior to the marriage.

A small mortgage was obtained later for pay for siding. I have invested more than I can get if I sell the home. If the home is sold, how would the law define the home's equity? How would it be split between spouses?

Brian W. Reidy
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Brian W. Reidy
answered on Nov 6, 2024

With some exceptions, the general rule is anything acquired during the marriage is presumed to be marital property. There are some facts missing from your question that might help to better answer this. It sounds like non marital funds were used during the marriage to purchase the home. Without... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: Questions about alimony in Illinois and what options I may be able to pursue?

1) Per my divorce decree, my ex wife and I are to present W2's each year. This was never done, however I experienced a decrease in income since the maintenance was set 6 years ago. If it were determined that I overpaid during any year, is that reimbursable in court? If I underpaid during... View More

Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

Thank you for your questions about spousal support (maintenance) in Illinois. Here's some information that may help address your concerns:

1. Reimbursement for Overpayment of Maintenance

Yes, under Illinois law, if you overpaid maintenance due to a decrease in...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Hello I have low income and my spouse had been verbal and mentally and financially abusing me I what can I do ?
Joerika Stitt
Joerika Stitt
answered on Jul 13, 2024

Hello,

I'm sorry to hear about the verbal, mental, and financial abuse you've experienced. It's important to remember that domestic violence (DV) isn't limited to physical harm. The behaviors you describe are forms of DV, and it's not your fault.

You are...
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1 Answer | Asked in Divorce, Child Support and Family Law for Illinois on
Q: My lawyer did not show up in court a month ago like she said she would and I have been emailing and calling & no reply?

Court has been a 3 yr episode with my ex wanting private school fees along with my request to modify support due to being permanently laid off from my job. Does she have to send me something if she’s dropping me as a client?

Cheryl Powell
Cheryl Powell
answered on Mar 13, 2024

Normally, if a lawyer is dropping a client, usually for non payment of fees, a lawyer files a Motion to Withdraw, sends you a certified notice of the court date and you can show up to object or agree to her withdrawing. I suggest you get your papers together and go see another lawyer. If... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Military Law for Illinois on
Q: I was married in Okinawa, JP, however, I am trying to get divorced and have come across that it was never filed in IL.

My spouse and I got married in Okinawa while on active duty orders. However, I am trying to file for divorce and have come to many issue due to the unfortunate situation and have also realized that it was never filed with my home of record (Champaign County IL). We have been “married” since 11... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

Based on the information provided, a few key points:

• For a marriage that occurs abroad to U.S. citizens, it is valid in the U.S. even if not registered specifically with the home state. So you have a valid marriage.

• However, to get divorced in Illinois, you typically need to...
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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: 've been married for going on 14 years and want a divorce husband is overseas how do I do that?

Hi my name is Sarah by the way.

We have been separated I would say 2 years into our marriage because he ended up going back to his homeland and have not heard from him since what do I do

Cheryl Powell
Cheryl Powell
answered on Jan 21, 2024

1. Can you reach an agreement? If so, you can send him papers to sign.

2. If no agreement, have to serve him with a process server.

3. If do not know where he is, then he just has to be served by publication in the newspaper but that limits the relief that can be sought.

It's doable.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: In Illinois, an ex-spouse is hiding money by paying their new partner, who works for their business. Is this legal?

Ex-spouse owns a business and is claiming that their business is not doing well and that yearly "true-up" payments need to be reduced. One of the ways they are hiding money is by paying their new partner, who works for their business. By paying their new partner very very large sums of... View More

Daniel J. Kollias
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Daniel J. Kollias pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

Is the "new partner" a business partner or a domestic partner? Assuming the question refers to a new domestic partner, the answer will depend on several factors, including whether the new partner is actually working for the business and whether the amount being paid to the new partner is... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: My wife refuses visitation with our child post-divorce announcement. What are my options in Illinois?

I told my wife that I wanted a divorce, and she took our three-year-old child and started living with her mom about a week ago. She is now refusing to let me see our child, citing concerns that our family home isn't safe. I haven't been able to visit my child at her mother's place,... View More

Brian W. Reidy
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Brian W. Reidy
answered on Mar 17, 2025

You need to get into Court as soon as possible. Unfortunately, Courts are your best remedy available when spouses cannot agree. I would contact an attorney near you to review your options so that you can get parenting time.

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1 Answer | Asked in Divorce and Business Law for Illinois on
Q: Separated, buying car, worst-case scenario in divorce, Illinois?

I am currently separated from my wife, and we live in different towns. We have separate bank accounts and assets. We do have a joint debt of $5,000 for Florida, which is only in my name, and I have been solely paying it. We haven't discussed any formal division of assets, but she has... View More

Cheryl Powell
Cheryl Powell
answered on Mar 11, 2025

All property acquired during the marriage is

Marital property. Wait until you get divorced to buy the car.

3 Answers | Asked in Divorce and Bankruptcy for Illinois on
Q: Does Illinois divorce law ask about individual or joint debts in papers?

I'm reviewing divorce papers related to Illinois divorce law, and there's a section asking whether we incurred debt while married. Does this question pertain to debts that are under both our names, or does it also include debts that are solely in one of our names? My spouse and I have... View More

Timothy Denison
Timothy Denison
answered on Mar 7, 2025

The question is asking for all property purchased by either party and held in either name or joint name since the date of the marriage. Full disclosure and complete transparency is advised.

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1 Answer | Asked in Divorce and Landlord - Tenant for Illinois on
Q: Can ex-spouse change locks and remove me before payout post-divorce?

My divorce was finalized last Thursday, and my ex-spouse was awarded the house. According to the agreement, she has until December to pay me off. We both still lived in the house, but she recently changed the locks, preventing me from getting in. The divorce decree doesn't specify any terms... View More

Cheryl Powell
Cheryl Powell
answered on Mar 3, 2025

You need to take your papers to a local lawyer to have them reviewed. It depends on the exact language of the agreement. Did you have a lawyer? If not, it would not surprise me that it is written that way as it is your lawyer's responsibility to make certain that you are protected.

2 Answers | Asked in Divorce for Illinois on
Q: my divorce finalized on the 17th. can I motion it back into court and request maintenance?
Cheryl Powell
Cheryl Powell
answered on Jan 22, 2025

Jan. 17? Yes, you can file a Motion to Vacate and try to get maintenance.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: Cannabis use and child custody during divorce
Cheryl Powell
Cheryl Powell
answered on Dec 16, 2024

What is your question?

1 Answer | Asked in Divorce for Illinois on
Q: How do I get help filing a Qildro after my divorce has been finalized.

My ex said he had completed it and it was a lie. I was advised to get the Qildro started on my end. But I have no idea how to do that.

Cheryl Powell
Cheryl Powell
answered on Dec 16, 2024

Bring your divorce judgment to a family law lawyer for assistance. This is not a DIY project.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: My 13 year old doesnt want to see her father. He wants to stop paying child support and sign his rights over. Can he?
Brian W. Reidy
PREMIUM
Brian W. Reidy
answered on Dec 2, 2024

Not unless someone is willing to adopt the child. Parenting rights and responsibilities are not the same thing. He still has financial responsibilities to support the child even if he does not want to exercise his parenting rights to have parenting time with the child.

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