Illinois Divorce Questions & Answers
Q: Confused - downsides of getting a prenup and declaring assets ahead of time? Is it better to hide premarital assets?
Getting married for first time in a few weeks, his first marriage as well. I outearn him 4:1. Confused whether to show my cards - I believe his expectations of me would increase. He doesn't know my salary and net worth. Very confused what to do. Financial habits are very bad -no savings and... Read more »
If you want your pre-nuptial agreement to be valid, you MUST list ALL of your assets. It's for your own protection. Besure to provide in your agreement which state's law will apply in the event of a divorce. You can specify this. A lawyer can advise you how to handle assets acquired and money... Read more »
Q: Can a spouse receive alimony in IL from a spouse who receives VA service-connected disability compensation?
Married 16yrs, separated for 17 months. Spouse of veteran hasn't had employment for 10 years. Spouse needs time to train for employment all over again to re-enter the job force.
Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.
Q: Do you need to declare liquid assets that have a beneficiary in a prenup in illinois (bank accounts and retirement)?
Don't want my fiance to know my assets but want a prenup - is there any solution?
If you are merely the beneficiary, the asset is not yours and you do not have to list it. However, if it is your account and someome else is the beneficiary, then you should and must list it. Doing so is for your own protection going forward.
Q: how long do you have to be separated for it to be considered legal
If you are referring to divorce, Illinois has irreconcilable differences as a grounds.
You do not have to be separated to have irreconcilable differences. However, if the parties have lived separate and apart for 6 months, there is an irrebuttable presumption of irreconcilable differences.
Q: I'm looking for a good experience divorce lawyer in Kankakee County.
We are approaching Retirement and both have retirement money, my wifes is much more since we burnt through my stocks and investments while I was sick.
We have a house that need updating to sell and get rid of damage from my wifes cats for years.
She needs to move her and cats out... Read more »
You really should consult in person with a divorce lawyer who will be able to learn all of the facts of your situation, and then advise you accordingly. However, some of your questions can be answered based on the info you provided.
Your wife's retitement funds are a marital asset, and you... Read more »
Q: I live in st.clair co illinois.I am trying to get a divorce and it is non contested what do i do? I have no money.
I was married 1/13/2007.And. Have been seperated since 9/20/2009.My wife is broke aswell as me and want to divorce spending the least amount of money as possible.And our marriage license is from crawford co missouri, and we both live in illinois now.I live 1 and 45 minutes from crawford co and she... Read more »
Land of Lincoln legal assistance. Google.
Q: Looking for a divorce attorney I thought I was divorced and come to find out its been brought back to court
Only married 3 years as a couple the rest separated she is asking for my income to much to survive I don't feel this is right she put me in such financial det I had to file bankruptcy now my health is very poor and shes asking for more this is wrong how can you help...
You need to check your divorce file at the Clerk of Court's office to find out exactly what is pending in your case. You have a short marriage so if there is any maintenance owed by either you or your spouse it should probably be for a short period of time unless you are referring to child... Read more »
Q: She hasn't, lived with me for over a yr now can i claim she abandoned me and she cant get house are car I just bought
Any rights she has to the car and the house are NOT negated by the fact that you are not living together. She has a valid claim to her equitable share of anything acquired during the marriage (as long as it is not by gift or inheritance).
"Abandonment" is a term the is vastly misunderstood... Read more »
Q: Divorce/Child Support !read the more information!
This is about my divorced parents and 14 year old brother. My mom has my father pay $1000 a month for child support (it has not gone through the court ) she has scared him into thinking the court will make him pay up to $2000 or more (My Father installs Carpet for a living) and that he will no... Read more »
He needs to take a look at his divorce judgment to see how much and how he is to pay the child support.
If he was to pay it through the court and isn't doing it, he may be building up an arrearage.
Child support and visitation are treated as two separate issues.
Q: I have a confusing situation and a few questions to ask.
Divorced, moved back after one year. Requested child support stopped. Caregiver, with part-time work. Children are almost 18 and 16. I have been there all along helping care for them. Recently I moved right next door and the kids are always either at my rental or their fathers next door. I work... Read more »
Yes, your former husband can get a withholding order for child support and serve it on your employer. You should appear in court on each and every court if you do not have an attorney. You should inform the court of your situation with your children as it can effect the child support amount. You... Read more »
Q: I'm separated from my husband who has bipolar. I'd like to use a mediator but I want full custody. Is this recommended?
My husband and I are in good standing, but instability, physical/verbal abuse led to the separation. Due to his mental instability, I want full custody of our 1 1/2 year old son, but still want him to get some visitation rights. I'd like to use a mediator to save costs and the stress/pain/ugliness... Read more »
A mediator doesn't decide who gets how much parenting time (formerly known as custody and visitation), a judge does. If you value your child, find a good lawyer. What you call the "stress/pain/ugliness that can come with getting lawyers involved" is NOTHING like the stress/pain/ugliness that can... Read more »
Q: I have been separated for 2 years are there forms I can fill out if we have no children and just want the divorice
Your local Circuit Clerk should have forms. That being said, I strongly encourage you to have them reviewed by a lawyer. There's a lot to consider, and the stakes are too high not to discuss this with an attorney to be sure you have all the bases covered.
Q: My boyfriend's ex-girlfriend refuses to move out of his house. There is no lease and he is the owner. How do we evict?
Since there is no lease, how do we put in a "cause" for eviction?
Sometimes police presence results in the person leaving.
Otherwise, she has a month to month rental and has to be given a 30 notice to terminate the rental followed by an eviction proceeding.
If a person doesn't pay rent, you can use a five day notice to pay up before starting the... Read more »
Q: Can you divorce without going to court?
No. At the very least, the party that filed for the divorce must be present in court to testify and present proofs to warrant the entry of a judgment for dissolution.
Q: Can I claim child tax credits for 2018 if ex-spouse died?
In our settlement, my ex and I agreed he would take the child tax credits for our children every year on his tax returns, though I am the custodial parent. He died last spring. Should his 2018 (deceased) return carry the child tax credits, (in which case any refund would go to his estate which is... Read more »
You are bound by the terms of your Marital Settlement Agreement.
Q: I think this is the last draft for uncontested divorce. Filing process? And what happens next?
Do I need a lawyer for anything for uncontested? We have negotiated three drafts. Married 23years. I have one concern regarding his retirement accounts.
My opinion is that you need an attorney for a divorce. It is one thing to say it is uncontested, it is another thing to be sure the two of you have considered every issue involved in the case and that you are not being taken advantage of. Hiring a lawyer should solve these problems. Bear these... Read more »
Q: Can I sue for lost wages for providing primary care for a child that is not mine, biologically or legally?
To get wages, you have to be employed by someone with an agreed wage and conditions of employment.
Q: Does Illinois require marital counseling before divorce if one spouse asks for it?
It depends. The parties have to testify and the judge determines if he thinks there is a reasonable opportunity to get back together or not. If he thinks so, he orders it.
Q: After divorce, my ex still owns a portion of the house. Now, I'm selling. Do I get all the principal I paid back?
He'll get a portion of the proceeds, but does my principal come off before that?
Sorry should have added some further details - the MSA says: For purposes of this agreement, the division of proceeds from the sale of the Marital Residence is based upon a sales price of $xx and a mortgage of... Read more »
Read the divorce papers. He gets what they say he gets.
Don't forget a person living in the house and making payments is also living in the other persons home rent free.
Q: My husband (Has O.P.) had filed divorce (12/18) and I wont have funds for a response until 2/27/19
My husband (whom I have an order of protection) has filed for divorce 12/18/18. They have tried to service me once on 1/3/18. I wont have the funds for a response until 2/21/18. Will that be too late. How many times will they try to serve me before entering default?
If your husband or his attorney knows where you live, it should not be possible to get a default judgment against you until 30 days after you have been served with a copy of the Summons and the Petition for Dissolution of Marriage. If a default judgment is taken against you, you should have 30 days... Read more »
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