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Illinois Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Domestic Violence for Illinois on
Q: I own a single member llc in illinois and only my name is on it as CEO. If I get a divorce, will my then ex get the biz?

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 3, 2021

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 »

1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: Can I sign the rights to my children over to their mother?
James G. Ahlberg
James G. Ahlberg answered on Nov 30, 2021

No. Even if you could it would not terminate your obligation to pay support.

1 Answer | Asked in Divorce for Illinois on
Q: In divorce judgment in addition to child support, we have provision where we split uncovered medical expenses 50/50.

That still continues, correct, once they turn 18 and as long as they are still covered under a parent's health insurance?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 6, 2021

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.

1 Answer | Asked in Divorce for Illinois on
Q: I am getting a divorce. In 2018 my spouses father died but before he did he quitclaim deeded him his home. Now my

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.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 29, 2021

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 »

2 Answers | Asked in Divorce for Illinois on
Q: What does” she would pay child support in reserve “mean in this paragraph exactly

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 »

James G. Ahlberg
James G. Ahlberg answered on Oct 13, 2021

"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.

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1 Answer | Asked in Divorce and Real Estate Law for Illinois on
Q: If I were to separate from my wife, would she be entitled to any of the down payment my father put in the house?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 1, 2021

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.

1 Answer | Asked in Divorce for Illinois on
Q: Spouse filed for divorce, I signed, but spouse won’t. What can I do?

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 »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

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.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter is 18 and graduated this coming up June. I just found out she will be not going to school after January 1st

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?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 8, 2021

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 »

1 Answer | Asked in Divorce for Illinois on
Q: If I have been married for 4 years and my husband is on the title and mortgage, is he entitled to half the house?

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?

Daniel J. Kollias
Daniel J. Kollias answered on Aug 3, 2021

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 »

1 Answer | Asked in Divorce for Illinois on
Q: If a spouse signs a quitclaim deed during a divorce, would he/she lose the house as a leverage in negotiations?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 31, 2021

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.

1 Answer | Asked in Divorce for Illinois on
Q: Is there a template or instructions on a correct way to write and file a counterclaim to a disolution of marriage petiti

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?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 24, 2021

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...
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2 Answers | Asked in Divorce and Family Law for Illinois on
Q: 34-yrs married, $3M+ assets. Tell me more about "equitable" split. 50/50 is far from equitable all things considered.

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 »

Daniel J. Kollias
Daniel J. Kollias answered on Jun 3, 2021

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.

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1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Hi in my divorce it said no parent is to pay child support but now I am being sent papers for child support can they do
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 18, 2021

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.

1 Answer | Asked in Tax Law, Divorce, Identity Theft and Small Claims for Illinois on
Q: Can I be forced to pay back the money my soon to be ex husband gave by court order when he filed joint tax return?

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 14, 2021

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.

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Illinois on
Q: Is this a conflict of interest? Should I get a new lawyer?

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?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 30, 2021

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.

1 Answer | Asked in Divorce and Military Law for Illinois on
Q: Ex spouse/mil pension/VA disability

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 »

Sabra M. Janko
Sabra M. Janko answered on Mar 10, 2021

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.

1 Answer | Asked in Divorce and Land Use & Zoning for Illinois on
Q: If I buy land but don't want my husband to take it from me in divorce can I gift it to my children or otherwise save it?

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 »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Mar 2, 2021

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.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I need help trying to get a divorce . I have a 9 yr old son an a house under mine and husbands name.

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.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Feb 20, 2021

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 »

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2 Answers | Asked in Divorce and Immigration Law for Illinois on
Q: My spouse filed for divorce without telling me, he got my stimulus check and refused to give it to me. What do I do?

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 »

Martin A. Delaney III
Martin A. Delaney III answered on Feb 19, 2021

Morning, please contact our office to set up a 30-minute free consultation.

Our # is 847-705-8000.

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1 Answer | Asked in Divorce and Domestic Violence for Illinois on
Q: Can my ex be responsible to pay for running up my legal fees due to violating the Order of Protection

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 »

Martin A. Delaney III
Martin A. Delaney III answered on Feb 5, 2021

Please contact my office to set up a free 30-minute consultation with Mrs. Andrea Heckman.

847-705-8000.

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