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I am currently in the pre-trial stages of a divorce, and we have a signed agreement filed in court from February 2025 to waive alimony. Initially, both parties, having legal representation, agreed on this waiver. However, during the last court date on July 3rd, it was stated that there was a... View More
answered on Jul 11, 2025
It’s difficult to give a clear answer without seeing the actual documents or knowing more about the current status of your case, especially given the way your question is phrased. You mentioned that there’s a “signed agreement filed in court,” but also that there’s an upcoming pretrial.... View More
I have been living with friends for three months, but my mail still goes to my husband's house in Illinois. We are not legally separated or divorced yet. I plan to buy a house entirely with my own money, and we have no shared funds or prenuptial agreement. My husband is possibly aware of my... View More
answered on Jun 24, 2025
Yes. Do not buy a house during the marriage unless you understand all of the legal consequences. Based on your message, you may believe that "your" money is yours because it comes from your paycheck and it is placed into your account. This is not accurate. I highly suggest that you speak... View More
I'm recently divorced, and my ex-husband dragged the divorce out for 2 years. He claims his lawyer refused to draft the Marital Settlement Agreement (MSA) according to his instructions to let me have all the marital assets. Allegedly, the lawyer insisted that my ex should receive something... View More
answered on Mar 7, 2025
It’s difficult to say whether a lawyer prolonged the case without knowing the specifics. Attorney-client communication is protected by privilege, so without direct insight, we’d only be speculating about what was said or why certain decisions were made.
If your spouse is being... View More
My spouse and I have not filed our taxes for the previous two years, but we have agreed to split whatever we owe to the IRS. My first divorce court date is next month in DuPage County, Illinois. Can I proceed with the court date even if the tax filings are still pending?
answered on Mar 7, 2025
You "can" proceed with your divorce without filing your taxes, but that doesn’t mean you "should". If your first court date is next month, you don’t have to finalize everything right away. It’s best practice to know exactly what is being divided before finalizing your... View More
answered on Jan 29, 2025
The most likely answer is no. Without knowing more about what exactly happened at trial, under most normal circumstances, you are responsible for raising issues you know about or should have known about at or before the time of trial. By failing to raise it properly, you may be deemed to have... View More
I have been married to my husband since 02/27/2019. In about June of 2019 we had started using methamphetamine. Shortly after we started using together, he started getting physically violent. Mainly at first he would choke me out till I passed out. Like I would be standing up and he would come from... View More
answered on Jan 23, 2025
Ms. Powell is correct that it is technically possible. That said, litigation is terribly expensive (you will need to pay in advance) and you need to consider whether your husband would be able to pay. More importantly, money isn't going to keep you from being repeatedly injured by your... View More
My husband is divorcing me and was having a sexual relationship with another woman while we had been separated for 2 months. He had been bringing her into our home and even going to see her while I was away. Our divorce isn’t finalized so is that still considered adultery? He is also in the Navy.
answered on Dec 2, 2024
First, I’m sorry to hear about this difficult situation. Dealing with an affair during a separation is incredibly hard, and I understand how challenging this must be for you.
In Illinois, fault-based grounds for divorce (such as adultery) are no longer recognized, so an affair doesn’t... View More
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?
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) 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
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... View More
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... View More
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?
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
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
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... View More
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
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.
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
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
I am currently going through a divorce in Illinois. My soon-to-be ex-husband took his belongings and left our shared house after a heated argument. He has since obtained an Order of Protection against me. Despite the Order, he has been harassing me by showing up unexpectedly at places I visit,... View More
My sister, who lives in Australia, got a divorce in Illinois decades ago, in Will County, 12th District Court. She needs a list of assets from the divorce (referred to as Exhibit A) for pension purposes. However, the court won't send the document out of the country, and she can't set up... View More
answered on Nov 5, 2025
You can obtain Exhibit A, but your first step is to determine whether it was actually filed in the court file or only incorporated by reference in the judgment. Request the docket sheet from the Will County Circuit Clerk and identify the entry for the marital settlement agreement or judgment and... View More
Why might a husband sign over a house to his wife after being unfaithful, especially when they are still living together? There are children involved, and the home is now under her name, although it is unclear if the house is fully paid off or what discussions led to this decision. I'm looking... View More
answered on Oct 29, 2025
A husband might sign over a house to his wife after infidelity for both emotional and legal reasons. In many cases, this act is meant to show remorse or rebuild trust after a serious breach in the relationship. It can also serve as a gesture of security, ensuring that the wife and children have... View More
During my marriage, I was in a state of extreme distress, leading to a suicide attempt, and made decisions under duress, including overlooking a crucial postnuptial agreement. This notarized agreement, filed in Williamson County, Illinois, stipulates that if our marriage doesn't work out, my... View More
answered on Oct 27, 2025
Not since your divorce process is completed. If it was done recently, you may attempt to reopen it.
I'm seeking advice on how to recover my share of rental income that my spouse has withheld for 28 months in McHenry County, IL, and used to support his girlfriend. There are no current legal agreements regarding the distribution of this income, but I want to reclaim my rightful share. How... View More
I recently moved from California to Chicago due to ongoing abuse from my husband and his mother. I filed for an Order of Protection in Chicago, but it was not granted because my husband did not receive the notice due to technical issues. Meanwhile, my husband has filed for divorce and custody of... View More
answered on Oct 4, 2025
You’re in a very difficult position, and it’s understandable to feel afraid and uncertain. Because your husband filed for divorce and custody in California, you must respond within 30 days to avoid losing your right to be heard. You can file your response from Chicago by mail or electronically,... View More
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