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Illinois Divorce Questions & Answers
3 Answers | Asked in Divorce and Family Law for Illinois on
Q: I am pregnant but my lawful husband is not a father. Who will be mentioned as a father on birth certificate?

Hello. I separated from my husband 6 months ago but we haven't been divorced yet. I found that I am pregnant with my new boyfriend.

Who will be mentioned as a father on birth certificate?

Do I have to put the name of my current lawful husband or I can put the name of... Read more »

Daniel J. Kollias
Daniel J. Kollias answered on Jun 1, 2020

You can put the name of the biological father on the birth certificate. He will have to sign a Voluntary Acknowledgment of Paternity.

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3 Answers | Asked in Divorce for Illinois on
Q: Uncontested divorce Illinois. Attorney refused to represent me

My husband & I are divorcing and have agreed on terms as far as marital property division and maintenance. The attorney I hired, after reviewing the tax returns and agreement, has refused to represent me. He says that I am eligible for much more according to the law and that a judge wont... Read more »

Daniel J. Kollias
Daniel J. Kollias answered on May 21, 2020

A judge must determine that the settlement agreement is fair and equitable prior to approving it. If the agreement is unfair or inequitable, the judge can reject it.

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1 Answer | Asked in Divorce for Illinois on
Q: got tangled in friend's divorce Friend filedfordivorceHerhusban Subpoenaed meforallrecordsofconversation since1/1/20

Friend's lawyer appealed to quash the subpoena against me and obtain protection order

Judge said "The petitioner motion to quash respondent's records subpoens issued to independent witness,XYZ is granted in part and denied in part.The Respondentmay issue a records subpoena to... Read more »

Cheryl Powell
Cheryl Powell answered on May 15, 2020

When you get the amended subpoena, you have to comply with it.

3 Answers | Asked in Divorce for Illinois on
Q: Is there a way to save for a divorce while still married? Can I transfer to an account that just has my name on it?

Can I pretend like I’m paying my parents to watch my kids?

Robert B. Buchanan
Robert B. Buchanan answered on May 14, 2020

Yes

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2 Answers | Asked in Arbitration / Mediation Law, Divorce and Estate Planning for Illinois on
Q: My wife divorced me in secret I still have got no notice of any part of a divorce. Is this legal
Daniel J. Kollias
Daniel J. Kollias answered on May 12, 2020

If it's a secret about which you have no notice, how do you know about it? Having said that, if you truly haven't received any notice, then you can file a motion to vacate any judgment that has been entered against you. I recommend contacting a divorce lawyer who practices in the county... Read more »

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3 Answers | Asked in Estate Planning and Divorce for Illinois on
Q: Do I have rights to the marital home if it was purchased before the wedding, it is in a trust, and I’m not on the title?

The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 11, 2020

The marital estate should be reimbursed for the marital funds that were spent on the home improvements. Whether it should be reimbursed for the principal reduction of the house payments is something to be argued on a case by case basis.

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: What it means to divorce after 16 yrs. 27months old involve. Both parents are type1 diabetic. Mother is always homemaker

My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.

My husband is also well controlled type1 diabetic. Does... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 4, 2020

You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... Read more »

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can my husband take the kids and move far away in state or out of state before I file for a divorce

I am unfit mother and want to get custody or visitation can I and how would I do it

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 27, 2020

Your situation definitely requires a lawyer. Until a case is filed, either parent can go wherever they want with the children, but he or she might have to bring them back after a case is filed. This depends on many factors - one of the biggest of which is whether or not the move was out-of-state.... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: I own land in Arkansas with the intent to reside there. Can I file for a divorce there now ?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 18, 2020

I depends on Arkansas' residency requirements, and it also depends on whether you need the Arkansas court to have jurisdiction of your spouse. Consult with an attorney who can see what you facts are.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: When does financial responsibility end for a divorced parent of a child who's 18 and going to college?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 11, 2020

Child support itself ends when the child turns 18 or graduates from high school, whichever is last to occur. However, a new setoff rules kick in if the child is attending full time college. Google Section 513 of the Illinois Marriage and Dissolution of Marriage Act and refer to the College Expense... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: Is it better if I file or he. Does it make a difference?

How fast can I file with the corona virus going on?

Robert B. Buchanan
Robert B. Buchanan answered on Apr 5, 2020

Depends on your case and goals. If you're asking the question, you should consult with a lawyer.

Corona is not affecting when you can file.

Are you wanting support or maintenance?

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1 Answer | Asked in Divorce for Illinois on
Q: if My husband makes more than I, can I ask for alimony?

I supported him for 7 years he just got a great job and then walked out last week to live with a woman he met at the gym. I want to file for divorce, but he owes me over 200,000 and I am laying on all back taxes. Can I get some type of mandated payment until the taxes and loan is repaid?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 5, 2020

You cannot compel him to pay anything until you file a case for divorce or legal separation. This will make him subject to the court's jurisdiction. Without this, the court has no power over him.

1 Answer | Asked in Divorce for Illinois on
Q: I divorced September, 2018. It was mutually agreed upon and we used 1 lawyer. Now I am having financial difficulties.

My income is $870. Per month. His is $1690. Per month. Can I take him back to court and be awarded alimony?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 1, 2020

Typically, your Judgment for Dissolution will either bar alimony or reserve it. Depending on the facts of your case, and if alinony was reserved, you might have a chance of getting it. If you waived alimony or it was barred, you are out of luck because the Judgment is final.

1 Answer | Asked in Bankruptcy and Divorce for Illinois on
Q: Divorced 12/19. In divorce I was granted the 2013 F350 pickup. My ex filed bankruptcy on this truck. Is that legal
Timothy Denison
Timothy Denison answered on Mar 28, 2020

It is but he will still have to pay for it bc it is a non-dischargeable domestic obligation of support. Hire a bankruptcy lawyer to go in and get it for you. You can likely recover your attorney fees in the divorce action.

1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: We agreed to sell the house in Moline at the time if the divorce,(08/09/2012). Need house sold and back rent.

We agreed to sell the house property in Moline at the time if the divorce,(08/09/2012). Included was a clause in the divorce degree that he would pay me rent if home wan NOT sold with in a 2 year period, by 08/09/2014. He has not sold the home or paid me any rent. He is still residing in the home... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 18, 2020

You need to file a Petition for Rule to Show Cause as to why he should not be held in contempt of court for violating the judgment. There are two issues . The first is that he failed to sell the house within the two year period. The second is that he failed to pay you the rent. This pleading should... Read more »

1 Answer | Asked in Divorce and Small Claims for Illinois on
Q: Divorced 16 months, he hasn't taken my name off mortgage as ordered, he hasn't paid mortgage for 3 months.

My credit is starting to suffer, I feel I cant move on, how do I stop his perpetuation of this, do I have monetary recourse for credit issues? I just want off of the mortgage. Thank you.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 4, 2020

This is a very common problem. You have to take him back to court on a Rule to Show Cause as to why he shouldn't be held in contempt of court for failing to refi. However, the court is not likely to hold him in contempt if he can prove he earnestly tried to refi, but couldn't get a lender... Read more »

2 Answers | Asked in Divorce for Illinois on
Q: My ex has not paid half of health insurance for one of our children as stated in the divorce. How can i get him to pay?

We signed in divorce that since I carry health insurance that my ex would pay half for insurance of kids until they remained on my insurance. He won't pay.

Cynthia Rote
Cynthia Rote answered on Feb 28, 2020

Send written correspondence to your ex - via email (or the app that you agreed to use) telling your ex that they have not paid it for x months, they owe x amount to get current and needs to pay x amount monthly (or whatever the schedule for payment is). Advise your ex that if you do not get payment... Read more »

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1 Answer | Asked in Divorce for Illinois on
Q: What if the petitioner is in prison and the defendant is never served. RTRN N.S

What if the petitioner gave the correct address of the defendant, but the defendant is purposely avoiding answering the door, and alias summons was returned not served

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 5, 2020

If you cannot serve the defendant, you are out of luck. That's why people dodge Summonses. You must hire a Special Process Server who has the skill to figure out how to get the job done. In counties with a population of over 1,000,000, you must get court permission to appoint such a Server.

2 Answers | Asked in Child Support and Divorce for Illinois on
Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 4, 2020

Rather than being pro-rated it is likely to be based on income earned from the date of the divorce through December 31. Your best bet is to ask the lawyer who represented you in your case, since he or she will be familiar with the terms of your MSA and their interpretation.

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1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: I paid my ex tru-up. She disagreed w amount & ripped the check up. She gave me a pic after. Do I have to pay her again?

She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.

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

Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the... Read more »

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