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 »
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 »
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.
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 »
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?
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.
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 »
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 »
The sheriff did not leave anything. My father told me that the sheriff said that I can pick the summons up at a court house. Is this considered the proper way of severing someone with a summons to go to court. I'm assuming this is for a divorce. Thank in advance!
The Sheriff acted properly. When he/she learned that you did not reside at your father's residence, he/she merely made a suggestion that you pick up the papers via counter-service at the Sheriff's office. You are not bound to do so, but if you don't, the person suing you will...Read more »
I have been brought up negatively in multiple court docs and lawyer to lawyer emails. I have never had interaction with the ex. For example he won't let me babysit their children, but they can live in my house once divorce is settled. Calls people who can watch his kids as responsible adults?... Read more »
Neither of the two criteria you mentioned has any bearing on the divorce "start date". The total process is too lengthy to explain in this forum. Whether you have to stay in IL depends on some facts that you have not provided, e.g., are children involved? Are you willing to return to IL...Read more »
Well, then you are very fortunate that neither your husband nor his family will be the judge hearing your case. Don't let them bluff or bully you. What you are hearing from them is a very common and stupid threat, which mean nothing.
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