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Illinois Divorce Questions & Answers

1 Answer | Asked in Divorce and Family Law for Illinois on

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.

J. Richard Kulerski Esq. answered on May 20, 2019

Yes, the income from veteran disability benefits can definitely be included (but not garnished) when computiing the veteran's alimony obligation.

2 Answers | Asked in Divorce and Estate Planning for Illinois on

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?

J. Richard Kulerski Esq. answered on May 19, 2019

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.

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2 Answers | Asked in Family Law and Divorce for Illinois on

Q: how long do you have to be separated for it to be considered legal

Ray Choudhry answered on May 17, 2019

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.

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1 Answer | Asked in Divorce for Illinois on

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 »

J. Richard Kulerski Esq. answered on May 11, 2019

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...
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1 Answer | Asked in Divorce for Illinois on

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 »

Cheryl Powell answered on May 7, 2019

Land of Lincoln legal assistance. Google.

1 Answer | Asked in Divorce for Illinois on

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...

Marilyn Johnson answered on Apr 14, 2019

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 »

2 Answers | Asked in Divorce for Illinois on

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

J. Richard Kulerski Esq. answered on Apr 12, 2019

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...
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1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on

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 »

Ray Choudhry answered on Apr 9, 2019

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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on

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 »

Marilyn Johnson answered on Apr 3, 2019

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 »

3 Answers | Asked in Child Custody and Divorce for Illinois on

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 »

James G. Ahlberg answered on Mar 8, 2019

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 »

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1 Answer | Asked in Divorce for Illinois on

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

James G. Ahlberg answered on Mar 4, 2019

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.

1 Answer | Asked in Divorce, Family Law and Landlord - Tenant for Illinois on

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?

Ray Choudhry answered on Mar 3, 2019

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...
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1 Answer | Asked in Divorce for Illinois on

Q: Can you divorce without going to court?

J. Richard Kulerski Esq. answered on Mar 2, 2019

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.

1 Answer | Asked in Tax Law, Divorce, Family Law and Probate for Illinois on

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 »

Marilyn Johnson answered on Feb 24, 2019

You are bound by the terms of your Marital Settlement Agreement.

2 Answers | Asked in Divorce for Illinois on

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.

James G. Ahlberg answered on Feb 21, 2019

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 »

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1 Answer | Asked in Divorce, Employment Law and Family Law for Illinois on

Q: Can I sue for lost wages for providing primary care for a child that is not mine, biologically or legally?

Ray Choudhry answered on Feb 19, 2019

To get wages, you have to be employed by someone with an agreed wage and conditions of employment.

2 Answers | Asked in Divorce for Illinois on

Q: Does Illinois require marital counseling before divorce if one spouse asks for it?

Cheryl Powell answered on Feb 12, 2019

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.

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2 Answers | Asked in Divorce and Real Estate Law for Illinois on

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 »

Ray Choudhry answered on Feb 8, 2019

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.

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1 Answer | Asked in Divorce for Illinois on

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?

James G. Ahlberg answered on Feb 6, 2019

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 »

1 Answer | Asked in Divorce for Illinois on

Q: My husband divorce attorney filed a motion to attached my son to our divorce. We bought a cash house in my Sons name.

I have to file a response to the motion. There are no verbal or written agreements with my husband and son. The money used to buy the house was from my husband workman compensation money.

J. Richard Kulerski Esq. answered on Jan 20, 2019

If your son is the title holder to your home, the other attorney has every right to join your son as a third-party Respondent in your divorce case. I doubt if there is a valid defense to the Motion.

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