Illinois Divorce Legal Questions

Under current Illinois law, the court may enter a judgment of dissolution of marriage where irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. If the parties live separate and apart for a continuous period of not less than six months immediatley preceding the entry of the judgment dissolving the marriage, there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.                     ... Read More

Your statement that you purchased the home "together" suggests that "marital" or joint funds were utilized to consumate the purchase of the home. In addition, I will assume that you and your husband did not enter into an antenuptial or post-nuptial agreement and the home was purchased during the marriage. Pursuant to 750 ILCS 5/503, "marital property" means all property acquired by either spouse subsequent to the marriage, excepting "non-marital property". Your question does not suggest facts that would support the contention that the home should be deemed non-marital. You appear to have a viable claim that the home be deemed "marital" property notwithstanding the stated fact that the home is in your husband's name. Paul Chatzky, Esq.... Read More

You haven't said when your divorce judgmwent was entered, or why you want to appeal.  Appellate rules have time limts, and also limitiations on the grounds for appeal so unless your divorce was fairly recent, you probably can't.  Check this Illinois source: http://applawyers.org/Civil_Appeals_Guide_Revised.pdf  ... Read More

The answer depends on the laws of State B. In Illinois a case can be filed where either the H or the W reside. It makes no sense for H to file case in A as the kids do not live there, so the court in A might not have any power to enter orders regarding custody or visitation. Eventually a case has to be filed in B to resolve those issues. Under the Uniform Child Jurisdiction Enforcement Act - which is found is most states, the law says a court which is the home state of the kids has the power to enter such orders and a case where the s do not live and have not lived for 6 months lacks that power, unless it previously had the power to do so. So H should be able to file in the state where you live.... Read More

Where does it say he has to sign anything? If you are living apart, as of 1/1/16 you can get divorced. HE does not have to sign anything. The court divides your property, if there is anything to divide. If you have kids the court awards parenting time and assigns parenting responsibility (as of 1/1/16) and orders child support done.... Read More

Divorce courts do not care whose name the property is titled in. You had no right to take the car if she was driving it, especially if you already had a car. She cannot get your name removed until the loan is paid off. A court may not require her to do so, as long as she makes the payments. If her cousin is the co-signor that is incentive for her to continue to make the payments.... Read More

Hello, Anonymous. Probably not. Assuming the boat is marital property (which it likely is, but I can't say with any confidence without more information), then they both have equal rights and access to the boat. As long as your father isn't doing anything wasteful with it that would damage its value or waste marital resources (i.e. money) needlessly, then he can likely use it as he sees fit. So can your mother if she wants to. Again, this is assuming it is truly marital property. It doesn't matter who filed for divorce and who is the one responding. Illinois is a no-fault state, and the courts are not concerned with who did what and who caused the divorce. The rights are fundamentally the same. I hope this helps.... Read More

You need to speak with an attorney so that we can gather more information, such as, you stated you were married for 28 days and then separated, how long have you been separated (and legally married)? Why are you waiting until December to file for divorce? There are pertinent questions that need to be answered.... Read More

What you have said is legally impossible. They can not have two lawyers from the same firm. If there is a court order ordering her to take the locks off, she can be held in contempt. S proper Petition should be filed against her. It is not unusual for lawyers to be social friends with their opponents. That does not mean that they will fight hard for their client. If they are not doing that, change lawyers.... Read More