Get free answers to your Divorce legal questions from lawyers in your area.
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
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn 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
answered on Jan 22, 2025
Jan. 17? Yes, you can file a Motion to Vacate and try to get maintenance.
My ex said he had completed it and it was a lie. I was advised to get the Qildro started on my end. But I have no idea how to do that.
answered on Dec 16, 2024
Bring your divorce judgment to a family law lawyer for assistance. This is not a DIY project.
answered on Dec 2, 2024
Not unless someone is willing to adopt the child. Parenting rights and responsibilities are not the same thing. He still has financial responsibilities to support the child even if he does not want to exercise his parenting rights to have parenting time with the child.
My name is no where except on one year of tax return and a letter stating I was one who paid down payment for house for up coming marriage. What am I entitled to?
answered on Nov 30, 2024
Any income earned during the marriage is marital property subject to division by the court regardless of whether or not your name was on it.
Take tax returns and anything you can find about bank accts, investment accts, his income and your income to a local lawyer to get answers to your questions.
I got married in Puerto Rico while on vacation, it says they require one spouse to have live there one year before we can file but we never lived there. Can we file for divorce where we live? Which is in Chicago.
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
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.
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
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.
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.
