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Illinois Divorce Questions & Answers
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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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
Christine S. Janis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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: Hello! I am looking for a pro bono divorce lawyer or someone that has the husband pay for services. Bigamy is included.

My husband left at the end of 2016 to attend a trial in Washington of the driver which was the car his son passed away in. He ended up staying there, got a good job, while I was left with a mortgage, 2 pre-teens, a truck note, and all other bills while not working. I recovered after all that time... View More

Cheryl Powell
Cheryl Powell
answered on Oct 17, 2024

Sorry, I cannot provide either of those things.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: I am a senior looking for answers regarding spousal rights.

Have become aware of an outside, long-standing relationship that my husband is involved in. Additionally, questions regarding validity of our 2001 marriage. Husband and ex-wife only divorced within past five years. I only recently found this out.

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2024

Please write your question.

1 Answer | Asked in Divorce and Family Law for Illinois on
Q: Can I re-open my divorse case with a lawyer who will fight for me more agressively for me!

My ex husband is physically, financially, and emotionally abusive, and I have lots of photos, text messages, police reports, and he was even fined by our judge during our divorse for making several disparaging remarks on social media. He still uses harrasing and threatnening language, but the... View More

Cheryl Powell
Cheryl Powell
answered on Sep 26, 2024

No, your case cannot be reopened after 30 days. It also cannot be appealed. If the children's circumstances change, bad grades, running away, etc. Then you can go back to court and start over.

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: Can my ex wife all the judge to change the wording to a motion that was granted to me while at a status hearing

Was granted a motion for reunification counseling to be ordered. At next status hearing, ex wife asked that the wording be changed from reunification counseling to family counseling. These are very different types of counseling with different objectives. Judge allowed it. Can I challenge this? I... View More

Cheryl Powell
Cheryl Powell
answered on Aug 31, 2024

The objection should have been made before he changed it. If the order was changed less than 30 days ago you can try but I don't know that it is going to get you anywhere. This is a problem if you are acting as your own lawyer.

1 Answer | Asked in Divorce for Illinois on
Q: I live in Illinois and have been married 47 years. My husband wants a divorce. Can I get alimony?
Cheryl Powell
Cheryl Powell
answered on May 29, 2024

Possibly. There are many factors to be considered. Look at 750 ILCS 5/504. Also Google maintenance calculator Illinois and fill it out.

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