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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
As a 17-year-old, I want to create a legally binding contract with my parents to ensure they pay for my first four years of college. Past behavior from my parents, such as leaving my older sister with college debt, makes me concerned for my future financial responsibilities. Although my parents... View More

answered on Jun 26, 2025
First of all, you have no right to contract until you are age 18 or over. Secondly, if your parents are still married, they are not legally obligated to provide you support through college. That is only a requirement if there is a divorce case and certain criteria are met. Usually I say they... 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 have a court order to pay money I owe my ex-wife. Although I've been mostly on time with payments, I've missed a few months due to lack of work. I'm currently employed, but my ex-wife's lawyer wants to issue a body attachment due to these late payments. Previously, I was... View More

answered on Jun 6, 2025
Contact the attorney with a solid repayment plan. You MUST make the court-ordered payments; there's no getting around the court order. (Of course it went to your ex-wife.) Set aside your feelings about your ex; this is a legal obligation. Get on with it.
I live in a condominium and have a neighbor who abuses marijuana, other drugs, and alcohol. He is aggressive and often hosts similar individuals on his patio, which is next to mine. This disturbance makes it difficult for me to open my windows or use my yard peacefully, and during winter, the smell... View More

answered on May 9, 2025
First of all, does the condominium Association impose any restriction on smoking by the residents? If it does, you need to address your concerns with the condominium Association. Many condominium associations have restrictions on nuisance smoke, particularly smoke resulting from the use of... View More
I have short-term guardianship of a 15-year-old child, signed voluntarily by her mother and notarized with a DCFS caseworker's witness. Her maternal grandparents are pressuring me to bring the child to them, but she wants nothing to do with them due to claims of mental abuse and her fear of... View More

answered on Apr 25, 2025
So the mother signed a guardianship document. What about the father? I am not sure if this document is valid.
Did she live at the grandparents' before you?
The police may help you get her belongings since you have guardianship.
If she is scared of the grandparents,... View More
There was an investigation through DCFS regarding issues with my kids' babysitter's living situation. Her family didn't want her, so we took her in, and her mother signed a notarized document granting short-term guardianship to me for up to 364 days. The document was witnessed by a... View More

answered on Apr 24, 2025
Yes, the mother can terminate the guardianship at any time since it is not a court order. I had another case where that happened recently and the mother chose to take the kids from her parents and give them to another relative. The judge allowed the children to stay at the new relatives'... View More
I am not married to the father of my children, and we own a house together with a joint mortgage. He recently quit his job and cashed out his 401k. We all still live in the house, and I pay for my portion of the mortgage. There is currently no legal agreement for child support, but he refuses to... View More

answered on Apr 12, 2025
You should hire a lawyer immediately if any of his 401k is left to have it held for child support AND if you intend to separate from him. Generally, if you are living together it is perceived that you are accepting his quitting his job and you will not get a child support order. He can not avoid... View More
He's forced me down on him my wrist was sprained hes left dark purple bruises on my son from spanking him very hard and smacked his face to where he was so scared of his father and keeps telling me he doesnt want to go he tells me he is scared of his father at age 3 a child is scared of his... View More

answered on Apr 4, 2025
Call SWAN. It is a shelter for women and children in Olney. Open 24 hours. 618-392-3556. They can provide shelter, food and clothing, help with an Order of Protection, counseling for women and children. They will help you find a job, get transportation, do a resume, work with the police, take... View More
I am looking to become a short-term guardian for a family friend in Illinois, specifically to handle medical and school-related matters. Could you explain the requirements and responsibilities for this role, and how the process works for a guardianship lasting up to one year?

answered on Feb 26, 2025
You can use a form on the internet for this. Court is not necessary. Both mother and father should sign. Search for CFS 444-2 and you will find that form.
You will raise the child as yours for one year.
You are responsible for costs, including medical, educational, etc. that are... View More
I have been undergoing weekly random drug tests for six months as part of a DCFS case initiated when we sought their help to remove my fiancé's kids from their stepmother, who had abducted them. Despite complying with the drug tests and having no wrongdoings on our part, DCFS continues to... View More

answered on Feb 21, 2025
When DCFS has your children or your boyfriend's children and you want them back, you do whatever they say whenever they say. A drug test is not unreasonable EVER when it comes to the safety of children. If doing drugs is more important than the children to the two of you, then by all means... View More
My adult son recently passed away without a will. He was the sole owner of a house that his mother quitclaimed to him. He did not have a spouse or children. He is survived by his sister, two brothers, me (his father), and his mother (we are divorced). What will happen to his estate, particularly... View More

answered on Feb 16, 2025
According to the Illinois Compiled Statutes (ILCS)
(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)
Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after... View More
I am currently obligated to pay $1,800 a month in maintenance and $600 in child support for our one child, who lives with my ex-wife the majority of the time. I recently accepted a promotion at work, which resulted in a $24,000 decrease in my annual income due to the elimination of overtime pay. I... View More

answered on Feb 15, 2025
I don't believe so. You knew your promotion would result in a salary cut. Given that, you could have chosen to refuse that offer of employment. When the decrease in income is voluntary, one cannot decrease the maintenance they are paying. I suspect the court would keep you obligations the... View More
My mother died on 12/19/24. My sister who hsa her POA over her finances refuses to give me any information regarding her estate. I know i am entitled to half. How can i go about getting my half of the estate? I do not know if my mother had a will or not. She refuses to provide me this... View More

answered on Jan 29, 2025
The POA died with your mother. If there is a will, it should be filed with the circuit clerk of the county she lived in within 30 days of her death. You can get a copy there. Do you know who the lawyer would have been that drafted poa's and maybe a will? If so, check there to see if they... View More
She was pregnant a while back but she couldn’t go full term. And then they basically told my mom that they have a relationship and the baby might be my uncles child. Plz help idk what to do or feel about this!

answered on Jan 29, 2025
This is a matter that should be brought to the police, not to a family attorney. Illinois law prohibits certain categories of close family members from engaging in penetrative sexual intercourse. This includes aunts and uncles with nieces and nephews. Additionally, if your sister is a minor, your... View More
We both would like to start with our will. Him being 73 y/o, and I am 63. We need assistance in how we can start with it, God knows, what will happen one day. Is there a form that we can get and have it notarized, for each one of us separately? I think we need the financial will, living will and... View More

answered on Jan 27, 2025
As an unmarried couple, albeit a long-term one, the law would not provide any transfer of the assets of each of you at your passings to the other person. You need 2 wills to achieve the results you are seeking. In them you could structure the passing of your assets and create a medical power of... View More
I got gifted a ps5 and my mother took it. I don’t live with her and she isn’t my guardian. She blocked me on everything and wont answer my grandpa or grandma calling despite them being my guardians. The game was gifted to me and when I was living with her I always had a game with no problems.... View More

answered on Jan 29, 2025
To add to the other attorney's answer: while you state that your grandparents are your guardians, it's not clear from your statement whether you are just using the term informally - i.e. that they are the people you live with who watch over you. For your mom to lose her rights or have her... 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
I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me

answered on Oct 10, 2024
Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More
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