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Illinois Divorce Questions & Answers
1 Answer | Asked in Divorce and Business Law for Illinois on
Q: Can my husband change business name in the middle of divorce so I won’t receive any money or profits.

I had owned 49% of the company and he owned 51%. Originally it was believed that you had a better chance of getting contracts with the government if it was native owned or woman owned. I’m part native. So during COVID lockdown he forced me sign the loan telling me it was the law in order to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 31, 2020

Changing the business name has nothing to do with your rights in a divorce. You need to bring everything to the attention of the lawyer handling your divorce though.

2 Answers | Asked in Family Law, Divorce, Child Custody and Domestic Violence for Illinois on
Q: Mentally unstable wife takes children from father at 4am and is now refusing to let him see them.

-She has a record of being hospitalized.

-when she left, she took the kids, took things, broke things, and had guys with her that hit Husband with the car.

-the kids are 1 yo and 2 yo. They were off of formula and now she's put them back on it. They're at her... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

If the father has filed for divorce, he should have his own lawyer. He needs to talk to his lawyer asap. He may also need a lawyer in MI now.

In addition, if the children were present when the mother had someone try to run the father over, dcfs should have been contacted. Also dcfs in mi...
Read more »

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2 Answers | Asked in Divorce for Illinois on
Q: During a divorce, if one of the spouses received a lump sum of money does that count as marital property

Money was given to spouse her father and is currently in her separate bank account. Still legally married and should the spouse who received the money have to report it to the lawyer and be split between the 2 spouses?

Cheryl Powell
Cheryl Powell answered on Jul 27, 2020

This is a more complicated question than you may realize. Yes, the lawyer should be aware of all of a client's assets. The first issue is where did the funds come from?

The second issue is where are the funds now?

The third issue is whether or not the funds are marital or...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Illinois on
Q: serving a filed motion

If a person files a motion pro se to suspend parenting time, are they obligated to serve the opposing party? What if the opposing party doesn’t find out about the motion until after the order has been granted?

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

Proper service of the Motion MUST be given to the opposing party. It is unlikely that the judge would enter an Order without evidence of the necessary Notice that should have been given. If an Order does get entered, and the other party doesn't find out about it until afterwards, he or she can... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: Can anyone help me with legal advice for child custody concern because of covid and school?

My ex husband and I divorced in 2018 in state of Missouri. Shortly after divorce I moved to Illinois with current fiancé. We share 50/50 physical and sole custody. Two children, boy(5) girl(3) both was enrolled in school in Illinois. Son attended pre-k last school year. Daughter attended 0-3 at... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

If you have joint decision making and he does not want them to attend school, your agreement should state that you go to mediation. At mediation, you decide whether or not you agree. If you do not reach an agreement at mediation, he has the right to ask you to go to court.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: If I am 17 can I choose which parent I want to live with if they are still married?
Cheryl Powell
Cheryl Powell answered on Jul 13, 2020

No, you cannot decide where you want to live, whether they are married or not.

1 Answer | Asked in Divorce and Animal / Dog Law for Illinois on
Q: My husband and I have 2 dogs that I signed and paid for. If we divorce, could he take the dogs from me?

He is moving out of the state and has no established place to live yet. It is true that I would have to also find a smaller living arrangement eventually, but I have always been the one to take care of their finances, medical, and well being. Could he argue that I do not have a permanent living... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 9, 2020

If the dogs were purchased during the marriage they are considered marital property regardless of who paid for them. That means that if you and your spouse cannot agree on who gets the dogs, the court will decide.

2 Answers | Asked in Divorce for Illinois on
Q: Me and my spouse will be filing for divorce. He insist. I just remove my name off the mortgage. I want to be bought out.
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jul 8, 2020

You cannot simply remove your name from the mortgage. The lender will not allow that. They will relieve you from responsibility for the mortgage when the house gets sold or when your husband refinances and gets a new loan. You should consult with a divorce lawyer.

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1 Answer | Asked in Divorce for Illinois on
Q: I'm in default missing a divorce court date. I'm requesting a reversal because of certain reasons. Can I still e-file?
Cheryl Powell
Cheryl Powell answered on Jun 23, 2020

If it has been within 30 days of the entry of any order, or no order has ever been entered, then you should be fine. Make sure you file a motion to vacate or an appearance immediately.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: Son is needing a divorce. Child born during separation. He was told he would have to wait till child turned six months

He has yet to be allowed to see child. Child and estranged spouse live In Indiana Son lives in Illinois.

James G. Ahlberg
James G. Ahlberg answered on Jun 23, 2020

Your son (not you on his behalf) should speak to a lawyer as quickly as possible.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Illinois on
Q: If I get remarried to my ex does the prior divorce decree become null and void or will it go into effect if we split up?

We divorced in 2010 and he received custody of the kids. We have since gotten back together and remarried. Did the original decree become null and void when we remarried? If we get divorced again will it take effect or will a new one be in place?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jun 23, 2020

You will have to file for a new divorce.

1 Answer | Asked in Cannabis & Marijuana Law, Child Custody, Child Support and Divorce for Illinois on
Q: mother and step father are getting a divorce both wanr custody of my 6-year old brother. I’m 22 and did weed and acid.

This was a few months ago and I lived in my own place. I have no history of abuse or records. Will this affect my mothers ability to get custody of my brother? We have all of the evidence of him being abusive and I always take care of my brother. He’s going to try and make it seem like my mother... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 19, 2020

It does not matter what you chose to do when you were an adult on your own.

1 Answer | Asked in Divorce and Immigration Law for Illinois on
Q: I got my green card through marriage in 2014. Since 2017, I have been living separately. I want to file for citizenship.

My question is: should I get divorce before I submit for citizenship? Or wait till I get my citizenship and then get a divorce?

Thank you in advance

Z

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

More information is needed. How long did you live together? Did you keep any documentary evidence of the marital relationship after the applications were approved? It is unclear whether the USCIS will choose to scrutinize your marital relationship at the naturalization examination. This, in... Read more »

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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