Illinois Divorce Legal Questions

Assuming you were still legally married when you entered into the second marriage, you will need to file a petition to declare that second marriage void.  If you don't, you could run into issues down the road wherein your second "spouse" can allege interests in the marriage as an innocent spouse even if you separated and never lived together.  Furthermore, you would have another marriage certificate issued wherein no dissolution was acquired.... Read More

Illinois is an "equitable division" state, not a 50/50 division state when it comes to property division.  It is possible under some circumstances for the court to order your wife to receive more than 50% of the marital portion of your pension (meaning 50% of the portion that accrued during the marriage vs. the total pension accrued).  It doesn't happen very often - most of the time, the court will order that she receive 50% of the marital portion.  The courts look at several factors when dividing property - assets, income, ability to continue to accrue income and assets, age, employment status, etc.  The court starts with the concept of a 50/50 division, but is one spouse has much more in assets or ability to earn much more income than the other party, the one with a lot less can get more than 50% of the marital assets.... Read More

Hello.  If your husband was in the Local 174 pension when you got married and has been in it the entire time, then there is no reason why you wouldn't get 50% of the marital portion - meaning 50% of the benefit accrued during the marriage.     I draft and enter QDROs, so if you need my help, let me know - I'm at 815-714-2900. Cynthia Petersen Petersen Law and QDROs LLC... Read More

Remember it is not about where you got married. Its about where the problem of the marriage occurs and where you meet the residency requirement. From what you have stated, it would be the state of IL. An IL divorce attorney will cost you around $750 - $1,500 for an uncontested divorce. You can get this cheap price by working with your spouse and coming terms on all the terms of divorce like spousal support, child custody if you have kids or financial assets such as bank accounts, properties or any of that nature. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

Angelique, Annulment is complicated process and is a bit harder to obtain. Divorce is a better and affordable option. You can get an annulment if you meet the required states requirements for annulment. If you would like to know the cost difference between an annulment and divorce than, an annulment is anywhere from $2,500 to $4,500 and a divorce in your situation can be anywhere from $1,500 to $2,500. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced priced services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

The low income lawyer or a lawyer appointed by the court for indigent clients is done through the court clerks office. You will need to contact the clerks office in your county for your divorce and see if you will be eligible for a free lawyer. Otherwise and uncontested divorce is usually around $750 - $1,500 and contested is anywhere from $2,500 to $5,000 depending on who you to go. If you are capable of representing yourself in court, you can hire a paralegal like a family law specialist to draft up the paperwork for you and you go to court on your own. It would be a cost-effective option if you can not afford high prices of attorney and a low-cost/free attorney is not available for you. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read More

There is a proper way to dismiss the divorce case. Not shoiwng up in a court gets the judge on your bad side. Either speak with your attorney if you have one to submit  a motion to dismiss (withdraw) the case or find an attorney that will be able to draft the petition for a low price like $375 or so for you to submit yourself. Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com... Read More

While legally the cars are yours, you may be short sighted by denying him a vehicle. How does he get around? What can he transfer to you in exchange for you transferring the car to him? Are the cars paid off? Do you need financial assistance from him to the loans? It is not simply black and white.... Read More

While it is probably unwise for him to do so, if there is no court order requiring him to keep you on his insurance, there is a legal requirement that he name you on his insurance. And once you get divorced, if you do, he will no longer be able to cover you. While you are married any medical expenses you incur would probably be considered to be family expenses, and he will be liable for those expenses as you are too.... Read More

There is no requirement that your name be on the loan. It depends on the loan whether you can assume it (unlikely) or if it can stay that way or if your husband insists on you refinancing the loan. These are al point of negotiation. All the mortgage company cares about is being paid usually.... Read More