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Illinois Divorce Questions & Answers
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...
Read more »

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.

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: If a parent is in the hospital and not employed, do they have to pay child support (for that period)?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 28, 2021

Yes, unless they file a Petition with the court to suspend the support while they incapacitated. Without such a filing, the support continues to be due.

2 Answers | Asked in Divorce for Illinois on
Q: Can the Sheriff serve you a summons at your parent's house? Not my place of residency.

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!

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 9, 2020

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 »

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1 Answer | Asked in Divorce for Illinois on
Q: My parents have a "Verified Joint Petition for Dissolution of Marriage. Medicaid requires a divorce "decree"- same?

They used an attorney, saw a mediator and amicably settled after 50 yrs of marriage, in 2006.

Documents I have: Case No. 06 D 003500

- Petition by my mother, stamped 3/29/2006, Dorothy Brown, Clerk/Circuit Court

- Verified Joint Petition for Dissolution of Marriage, stamped... Read more »

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

The Verified Petition of Dissolution and unsigned documents are meaningless. You need a cetified copy of the Judgment for Dissolution of Marriage signed by the judge.

1 Answer | Asked in Divorce and Libel & Slander for Illinois on
Q: My girlfriend is in divorce proceedings. Her ex has brought me up in court docs. Can I sue for defamation?

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 »

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

First, this is not a question for Justia's divorce lawyers. You should redirect it to the libel/slander or injury lawyers.

Second, you have not given enough facts to warrant a responsible answer. You should meet in person with an attorney who does this work, so you can explain...
Read more »

2 Answers | Asked in Divorce for Illinois on
Q: I live in Naperville, Illinois and want to divorce my wife. What is the total process, do I need to stay in Illinois

When do we start the divorce start date, when were last intimate or when we talked about it last oct 20th

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

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 »

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1 Answer | Asked in Divorce for Illinois on
Q: How do I go about filing for a separation and receive spousal support.
Martin A. Delaney III
Martin A. Delaney III answered on Nov 19, 2020

We will be happy to represent you, please 847-705-8000.

1 Answer | Asked in Divorce for Illinois on
Q: I want a divorce my husband refuses and him and his family have told me if I leave theyll take my kids
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Nov 4, 2020

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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