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Illinois Divorce Questions & Answers
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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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

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I have been married for three years and six months. . .am I obligated to paying alimony to my spouse upon divorce?
Christine S. Janis
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answered on Nov 7, 2023

The easy answer to your question is "maybe." Whether or not you are obligated to pay alimony - now called "maintenance" - depends on a number of factors, including not only how long you have been married, but who is the primary earner and amount of your respective incomes. And... View More

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: I filed a petition for divorce and summons. Respondent was served by the sheriff. An answer was filed by the Responden.

The Respondent did not send me a copy of the answer. Will I be able to file a motion for default judgment after 30 days? Or is there another motion I should consoder?

Christine S. Janis
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answered on Oct 18, 2023

So long as the Respondent filed his Answer with the court after being served, the court would be unlikely to approve a default judgment against them unless they took no other action moving forward in this case. While the failure to provide a copy of the Answer to you is something you could (and... View More

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1 Answer | Asked in Divorce and Family Law for Illinois on
Q: What should I do proceeding forward with my divorce?

I filed in Illinois. We don't have any children, assets, properties or accounts together. I don't want alimony, I just want a divorce. I didnt retain a lawyer because I was told it would be simple. And she agreed to sign the papers but does not want to turn them in. I was told it is... View More

Christine S. Janis
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answered on Sep 14, 2023

If you have already filed for divorce and were assigned an initial court date (called the "case management date"), if your spouse is refusing to sign the paperwork, you have the right to go before the court and inform the judge of your situation. If her refusal to sign is because she does... View More

2 Answers | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In Illinois, is child support mandatory in a divorce?

I do not need or want child support from my child's father (the noncustodial parent)

James G. Ahlberg
James G. Ahlberg
answered on Aug 5, 2023

Child support is for the benefit of the child, not the parent who receives it. You absolutely should not deprive your child of the benefit of having extra money for its benefit. Furthermore, the judge is likely to require child support be paid. The amount will vary depending on a comparison of your... View More

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1 Answer | Asked in Family Law, Banking and Divorce for Illinois on
Q: Can a subpoena be issued for my spouse's credit report? Divorce proceedings are underway.
James L. Arrasmith
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answered on Mar 2, 2023

Yes, a subpoena can be issued for your spouse's credit report during divorce proceedings. However, you will need to have a valid legal reason for requesting the credit report, such as proving financial misconduct or to determine the financial status of your spouse. You should consult with your... View More

1 Answer | Asked in Divorce for Illinois on
Q: As i live out of state, how do I remotely submit documents into evidence in divorce court in Illinois?
James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

This is a question best addressed by the Clerk of the Circuit Court for the county in question, since the answer may vary depending on the county in which the divorce was filed. Do a Google search for "circuit court clerk for (insert county name) county, Illinois" to find the appropriate... View More

1 Answer | Asked in Divorce for Illinois on
Q: If a decree says husband is responsible for deductibles for dependent care coverage does that cover all daycare expenses

Decree states “Any unreimbursed medical, dental, optometric, orthodontic, pharmaceutical, counseling, office visits, co-pays, and deductibles for dependent care coverage for the parties' minor child not covered by said policy of insurance or

health insurance benefits, shall be paid... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 6, 2023

Probably not. Each of the things listed in the quoted portion of the decree deals with medical care and health care. Daycare is generally not considered to be medical care or health care related. If the cost of daycare was going to be addressed in the decree, it would be in a different paragraph or... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Illinois on
Q: American husband wants a divorce. What type of lawyer do I need as a foreign born spouse, permanent resident?
Monica E Rottermann
Monica E Rottermann
answered on Jan 25, 2023

A family law attorney that handles divorces. You may also wish to consult with an immigration attorney to determine the impact this divorce might have on your status, for example, if you are a conditional rather than permanent resident.

1 Answer | Asked in Divorce for Illinois on
Q: How does contempt of a judgement ordered work and what can be done on my part to keep me from losing out?

My husband filed for a divorce after 24 yrs. Judge order temporary support and for him to pay 75% of the car-note per month along with a certain amount in support, neither one has been upheld fully and now the car has been repoed leaving me without a vehicle and unable to obtain one. He is stating... View More

Cheryl Powell
Cheryl Powell
answered on Jan 30, 2024

Don't you have a lawyer? Why are you not asking that person these questions? Why are you entertaining your husbands opinions? What do you think he knows?

1 Answer | Asked in Divorce for Illinois on
Q: Can my soon to be ex husband get my inheritance

If I inherited land after we divorce can he lay claim

Cheryl Powell
Cheryl Powell
answered on Jan 13, 2024

No, spouses are not entitled to inheritances. Do keep it in a separate account.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Illinois on
Q: Is my ex breaking my OP?

I have an OP against my ex spouse. We have a child together. He only gets to talk to him on talking parents. He told my child that he can’t talk to him again on the required day and to tell me that I should allow him to let him talk to him at another time. Is he breaking my OP by directing my son... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

I don't know what talking parents is. But I don't believe that having child visitation by phone or explaining how yo facilitate it should be an op violation. That provision is more about using a 3rd party to send messages to you like are you willing to try to reconcile, etc.

2 Answers | Asked in Divorce for Illinois on
Q: In the middle of a divorce and I just found 2 hidden cameras in my house that are able to record conversations.

Both me, child and my husband live in the house. I filed for a divorce back in September. Just last week I found a hidden camera that was watching me and I just found out that another one will be delivered soon. A small "spy camera" that looks like a phone charger. Was ordered thru his... View More

Cheryl Powell
Cheryl Powell
answered on Jan 10, 2024

Video probably, voice no. Must have consent for voice.

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1 Answer | Asked in Divorce for Illinois on
Q: divorce judgement from 2015 with rule 304(a) written finding

Divorce judgement from 2015 with rule 304(a) written finding that there is no just reason for delaying enforcement or appeal or both. no motion reconsider or appeal filed within 30 days. No relief from judgement within two years. However court transcript obtained and they don’t match written... View More

Cheryl Powell
Cheryl Powell
answered on Nov 14, 2023

What is the issue? What are you fighting over? Need more details.

That is the general rule but a judge might consider something very aggregious.

1 Answer | Asked in Divorce for Illinois on
Q: I live in IL and pay spousal maintenance. That started in 12/2018. Ex wife now makes more money. Can i adjust to lower

I am around 100k and she will be around 60k. We don't pay child support.

Cheryl Powell
Cheryl Powell
answered on Oct 25, 2023

The answer depends on your papers.

You need to bring your divorce papers to a family law practitioner to determine whether or not your maintenance is modifiable.

1 Answer | Asked in Divorce for Illinois on
Q: How long do you have to be together before you are legally entitled to half of your spouses 401 k

my son has been married 19 years been together bout 27 years his with all of a sudden wants a divorce pushing hard to get done quick pretty sure she's got a boyfriend. Is my son entitled to any portion of her 401 k so bills can be paid would appreciate any help so we can proceed with this. Thank you

Cheryl Powell
Cheryl Powell
answered on Oct 21, 2023

Yes, your son is entitled to an equitable share of the marital share which for most people ends up being around 50%.

1 Answer | Asked in Divorce for Illinois on
Q: if your getting a divorce should you get a divorce before you sell your house
T. J. Jesky
T. J. Jesky
answered on Oct 15, 2023

If you have a buyer for the house, don't lose the buyer. They can be hard to find. You can keep the sale proceeds in escrow, to be resolved upon divorce.

1 Answer | Asked in Divorce for Illinois on
Q: Can a Judge change a maintenance order that another Judge in another County ordered in 2004? (Permanently disabled)
Cheryl Powell
Cheryl Powell
answered on Oct 10, 2023

Yes,that is possible. I do not know if your maintenance order is modifiable. Take all of your papers to a local lawyer and get an opinion.

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