Lawyers, Answer Questions  & Get Points Log In
Illinois Divorce Questions & Answers
1 Answer | Asked in Child Support, Divorce, Family Law and Health Care Law for Illinois on
Q: What happens to my child support for Iowa but my ex wife is moving to IL. My son is covered by Iowa health insurance.
James G. Ahlberg
James G. Ahlberg answered on Oct 22, 2020

Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.

1 Answer | Asked in Divorce for Illinois on
Q: A lawyer suggested I go to the court house to the see if there were a summons for me however, I called instead.

My question is did I do anything illegal by calling to oppose of going to the court house?

James G. Ahlberg
James G. Ahlberg answered on Oct 19, 2020

What you did is not illegal.

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Illinois on
Q: Wife and I have divorce proceedings going on .. We haven't lived together 3-months .. but we agreed upon exchanging

some personal belongings ... she brought some unfamiliar faces with her - I have never seen them or met them even in our marriage reception I don't see them in pictures .. Her name is still on the lease ... How can I make them give me state issued IDs before they enter the Appartment .. I had... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 17, 2020

You have absolutely NO right to see their ID's. She can bring anyone she wishes into the marital apartment, and so can you. Your position is dead wrong.

1 Answer | Asked in Divorce for Illinois on
Q: Just had my 4th anniversary and getting divorced...

it’s my understanding that she is entitled to half of my pension during the time of marriage. That is a lot of money and will damage my outlook on retirement, as my pension has made big money in four years...

Question is....does a judge have to rule as statutes state, or can he rule... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 15, 2020

The judge must uphold the law. You use the term "pension". Pensions don't generally jump in value in four years, but 401K's can. Could you be referring to a 401K, SEP IRA, or IRA? If so, you might hire a mathematician or actuary to determine how much of the four year growth was... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: My husband moved in with his mother back on say June 1st of 2020. We both haven't retained a lawyer as of yet.

We both own the home. Can I have the locks changed because he comes in as he wants and I don't trust him?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 15, 2020

Unless and until a judge rules otherwise, both of you have the right to change the locks, and then, if you wish, hire a locksmith to reverse the process,

1 Answer | Asked in Divorce and Child Custody for Illinois on
Q: I am looking for assistance in getting a non contested divorce. This is a very simple divorce with no assets to divide.

We have two kids that we plan on splitting 50/50. Please advise how we can do this on a very low budget.

Martin A. Delaney III
Martin A. Delaney III answered on Oct 13, 2020

I suggest that you both discuss every aspect of a settlement and come to a complete agreement. Then, call an attorney to put the agreement in proper form. There will probably be certain things you both did not consider. I would go over them with you if you came to my firm. The way my firm works is... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: My wife has file for divorce. A court date has been assigned. I just found out about this. What can I do?

I was not subpoena.

Do I have to be subpoena?

I did not sign anything. I need time to get some money together for a lawyer.

Do I wait for her to subpoena me? Need help with this.

Thank you!

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Oct 11, 2020

If you are not in a position to retain an attorney at this time, go to the courthouse and examine your file. Check and see if the Sheriff or special Process Server claims to have served you with Summons. If you have been served, file an Appearance and send it to your spouse's lawyer. I find it... Read more »

2 Answers | Asked in Divorce and Family Law for Illinois on
Q: Can the sheriff serve a summons for divorce to my spouses parents house?

My spouse has been homeless for a while. I really need to get our divorce done. We’ve been separated since 2015. He said I can get them sent to his dads house. Will they serve it to his dad?

Thanks

James G. Ahlberg
James G. Ahlberg answered on Oct 8, 2020

No, not unless your spouse lives there.

View More Answers

1 Answer | Asked in Child Custody and Divorce for Illinois on
Q: I want to divorce my husband but I want to give him full custody of our child. What form do I fill out?
Cheryl Powell
Cheryl Powell answered on Oct 2, 2020

Will county posts this information.

There are forms with children.

http://www.illinoiscourts.gov/Forms/approved/divorce/divo

1 Answer | Asked in Contracts, Criminal Law, Divorce and Family Law for Illinois on
Q: Property taken without consent

The night my wife called cops on me - Cops made her leave as she was trying to hurt herself and blame me ... she took my brother's car saying that she will be back next day to pickup her stuff - now lawyers are involved and I have permission to see my 6-month old baby - Lawyer is saying since... Read more »

Juan Ooink
Juan Ooink answered on Oct 1, 2020

You have an attorney, you need to discuss this with your attorney. This is why you hired an attorney. No one here has the information that your attorney has.

1 Answer | Asked in Divorce for Illinois on
Q: What is the affidavit for a divorce settlement called? Is there a form?

This is for a cooperative divorce proceeding and I am pro se. We have reached a settlement agreement, but I am being asked to submit an affidavit on the settlement.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 18, 2020

There is no such form. Now not. Not ever. Maybe they want a Financial Affidavit from you or they are requiring that you get your signature notarized on the signature page. It might also be some sort of form that your county requires in uncontested cases. There is no such thing as an affidavit... Read more »

1 Answer | Asked in Divorce for Illinois on
Q: If I filed for divorce but none of the paperwork was turned in. how long do i have to turn it in?

I filed for divorce in december 2019 but have been too busy to turn the paperwork in, how long do i have to turn the paperwork in to the court i filed with? It was accepted by the circuit clerk the same day I e-filed.

Brian W. Reidy
Brian W. Reidy answered on Sep 18, 2020

There are some things missing from this question. When you filed your case, you should have received a case number from the clerk of court. If you filed in December and have not taken action, you are probably going to have to refile the case.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 14, 2020

The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.

View More Answers

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: Lost my job and hearing isn't for a month, can I reduce support for my ex and daughters by filing letter with the court

I was laid off due to Corona virus and hearing is a month away. Can I submit a letter to the court proving my job loss and reduce support while I wait for hearing? I'm also ordered to cover insurance. How quickly do I need to provide new coverage?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 30, 2020

The fact that you have a Hearing scheduled indicates that you filed a Petition/Motion to Modify. The Court, in its discretion, can retroactively relieve you of your support obligation dating back to the date that you filed the Petition/Motion.

2 Answers | Asked in Child Custody and Divorce for Illinois on
Q: if my parents agree on a different schedule than the court agreement, is it illegal?(they are divorced)
Cheryl Powell
Cheryl Powell answered on Aug 25, 2020

They can have any agreement they like. They do not have to follow what is on the papers. They have to comply with the court ordered documents if they cannot agree.

View More Answers

1 Answer | Asked in Divorce, Family Law and Immigration Law for Illinois on
Q: how can I report it effectively ? to make sure govt. takes an action

soon to be ex-wife .. trapped me into marriage and now we have a kid /// But it has been confirmed that she only married to get a green card ... How could I a US Citizen get some justice here .. she is still on student visa and her sister and brother in law are on employer provided green cards ..... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 25, 2020

Follow your attorney's advice. The tip line will work. This can get complicated, and your attorney is looking out for your best interest.

1 Answer | Asked in Divorce for Illinois on
Q: Want to trade in my car but ex husband wont give me the needed info. What are my options? Car is still in his name

I am divorced and the decree states that I am responsible for the payments of my car that is still in my ex husbands name. I want to trade the car in but he will not provide me with any of the necessary info and will not make himself available to sign off on the car. What are my options?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 17, 2020

You have no alternative but to take him back to court to compel his signature on the title.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter has a hearing disability and ADD. She turned 18 in sept 2018, and graduated high school in child support

Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 13, 2020

The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living... Read more »

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.