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Illinois Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law and Real Estate Law for Illinois on
Q: Can my husband claim a house I buy with my own money before divorce in Illinois?

I have been living with friends for three months, but my mail still goes to my husband's house in Illinois. We are not legally separated or divorced yet. I plan to buy a house entirely with my own money, and we have no shared funds or prenuptial agreement. My husband is possibly aware of my... View More

Brian W. Reidy
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Brian W. Reidy
answered on Jun 24, 2025

Yes. Do not buy a house during the marriage unless you understand all of the legal consequences. Based on your message, you may believe that "your" money is yours because it comes from your paycheck and it is placed into your account. This is not accurate. I highly suggest that you speak... View More

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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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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 Divorce and Family Law for Illinois on
Q: Will I have to pay alimony in a divorce from my disabled husband in Illinois?

My disabled husband, who earns more money than I do, wants a divorce after seven years of marriage. We have no children, and I earn under $30,000 a year. There are no significant health expenses related to his disability, and we own a house together. He is not asking for alimony, but I'm... View More

Cheryl Powell
Cheryl Powell
answered on Jul 6, 2025

If alimony is paid, it is paid by the highest wage earner.

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2 Answers | Asked in Divorce, Animal / Dog Law, Contracts and Family Law for Illinois on
Q: How to claim half of wife's settlement in Illinois divorce without prenup?

I am seeking a divorce after 6 years of marriage. My wife is about to receive a substantial settlement due to a pit bull attack. We do not have any prenuptial or postnuptial agreements, and there have been no legal proceedings regarding property division at this time. How can I ensure that I... View More

Cheryl Powell
Cheryl Powell
answered on Jun 26, 2025

In Illinois, it's unlikely that you will get half of her settlement unless you provided substantial personal services to help her heal. Absent that, you could get 20% to 40%. Every case is fact specific.

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2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Why do alimony rulings differ despite similar marriage details in Illinois?

I am trying to understand the substantial differences in alimony rulings despite similar marriage details in Illinois. In one case, after a 24-year marriage, a husband only had to pay alimony for 7 years, while another case involving a 20-year marriage required the husband to provide stock options... View More

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

The short answer is that your fact pattern only reflects half the story. In determining spousal maintenance (alimony), courts consider *both* spouses’ circumstances. Even if two marriages are of similar length and income levels, the outcome can differ based on additional details such as:... View More

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1 Answer | Asked in Divorce, Contracts, Real Estate Law and Family Law for Illinois on
Q: Recourse for ex-wife's failure to remove name from real property loans, affecting credit score post quitclaim deed by settlement deadline.

My ex-wife was required to have my name removed from all loan balances on real property (formerly jointly held) after the third year of our settlement, with the deadline of March 31, 2025. There is no clause specifying recourse in the agreement if she fails to comply, and I haven't taken any... 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 Jun 10, 2025

This is understandably frustrating—being stuck with the financial burden of a property you no longer own puts your credit and peace of mind at risk. Even without a specific recourse clause in your settlement agreement, her failure to remove your name from the loans as agreed may be considered a... View More

2 Answers | Asked in Divorce, Family Law and Civil Litigation for Illinois on
Q: What can I do if I was not notified in time of a hearing for divorce maintenance?

I am currently undergoing a divorce, and my wife's lawyer sent me a notice to appear at a hearing regarding temporary maintenance and health insurance for her. I received this notice on the day of the hearing, so I was unaware of the proceedings. Despite my absence, the judge granted temporary... View More

Cheryl Powell
Cheryl Powell
answered on Jun 7, 2025

If it has been less than 30 days since the order was entered, you can file a Motion to Vacate based on lack of notice.

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2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Does my children's contribution to my wife's bills affect my maintenance payments during divorce?

I am divorcing my wife, who is unable to work and receives $20,000 annually on disability. The judge has ordered me to pay $752 monthly in temporary maintenance. My adult children, who live with my wife, have been contributing one-third of her bills since I moved out a year ago. I earn $30,000... View More

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

Your expenses do not generally impact maintenance. In other words, the car payments and mortgage payments are generally not considered by a court. If your wife is receiving contribution to expenses, from other people, it may impact the maintenance calculation, but it would not be by too much.... View More

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2 Answers | Asked in Divorce, Family Law and Contracts for Illinois on
Q: Does ex-spouse need to pay half of daughters' cell phone expenses?

My ex-spouse refuses to pay half of the cell phone expenses for our two teenage daughters. Our divorce agreement states that he is to pay half of all extracurricular expenses with the language "including but not limited to." He argues that because cell phones are not explicitly listed, he... View More

Cheryl Powell
Cheryl Powell
answered on May 13, 2025

Cell phones are not necessary and are not typically considered under extra, curricular expenses.

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