Illinois Divorce Legal Questions

It is not like Social Security where if you are married for 10 years you qualify as the spouse. You have an interest in the pension from the day you are married through the day you are divorced BUT that interest has to deal divided in the divorce. If it was omitted, then it is very hard to get the court to consider it. If it was not dealt with, there is a strong argument it was waived.... Read More

Hello, Anonymous. First off, I can't speak for any of the laws of Romania; I can only speak for the laws of Illinois and how it might work if you were to pursue an action in the courts here in Illinois. In Illinois, you will need to have lived in the county in which you are going to file for 90 days prior to any action. So, it is questionable if you would be able to file. But if your husband still lives in Cook County (or Illinois), he could file and you could be the Respondent in the case. Your other option is to look into filing in Romania. Again, I don't know what the laws in Romania say about divorce and any of the requirements to do it over there, but if you are eligible to get divorced in Romania, it might be worth looking into if that would be more convenient for you. If you are both agreed that you should get a divorce, then you will each want to contact your own lawyers to seek personal legal advice. Keep in mind, however, that a lawyer CANNOT represent both parties in the case. You would each need your own independent lawyers to handle your matters. I hope this helps.... Read More

Hello, Anonymous. Yes, a dissolution of marriage is what is commonly referred to as divorce. Filing for dissolution, however, does not mean it was granted. That comes later. She is required to give you notice of the filing. If she can show the court that you have notice of the filing, then you have 30 days (generally) to file your response and appearance (or have a lawyer do it for you). If you do not file within roughly 30 days after being given notice, then she can motion for default, where the Judge will essentially grant her everything she is asking for because the Judge will have to assume that you have chosen to ignore the case. I don't know what has happened yet in your case, so you may still be married; you may be divorce through a default judgment by now.  You'll have to face up to what is happening. Refusing to sign papers and/or not going to court won't help you or prevent it from happening. In fact, ignoring what is happening will only make things worse for you. You need to start working for yourself in this case by either going to court yourself or hiring an attorney to handle the proceedings for you. I hope this helps.... Read More

Hello, Anonymous. Ideally, the answer to this question should be in the Settlement Agreement. I'll assume it is not, otherwise you probably would be asking. There's no general set-in-stone rule regarding how long you are required to store your ex's belongings. That's why the best option is probably to file a motion asking for the Court's permission to dispose of his belongings. This way you will have brought issue to the Judge's attention; you will presumably be given permission to dispose of them; you won't have to worry about any consequences from improperly destroying his property (improperly disposing of another's property can cause you to be held liable for the value of the property you destroyed); and if you have incurred any costs from holding the property for him, you may seek to be compensated for your troubles. It should be a fairly quick and simple court appearance. If he wants his stuff, he can come and claim it. If he doesn't show up or tries to delay things, the Judge will likely be more willing to give you permission to dispose of the property. I hope this helps.... Read More

Hello, Alexis. The answer to this will all be in the fine details, but from what information you've written it would appear that the answer is yes, the Judge can force the sale. As a general rule, if the parties can find common ground and agree on something then the Courts will go along with it. However, if no agreement and common ground can be found, then the Judge will be the one to decide how the assets are split. In this case, the Judge would be deciding the fate of the properties. When one spouse files for divorce, they are asking the Court to decide this from the outset, and the Court will do just that if need be.  So, it appears that yes, the Judge in this case will be able to force the sale of the property.... Read More

Hello, Anonymous. I'm not entirely sure what you mean by "trial" separation. In Illinois, you can file for a separation at the courthouse, and the marriage will still exist, but the court will essentially allow you to live apart. The court will not make a decision about division of property because, as the marriage still exists, there's no reason to separate it just yet. If you are separated without any court involvement, then your marriage will obviously still exist, but there may potentially be other consequences from the unofficial separation. For example, if your husband is away from the house for long enough, and if the house is marital property (which is likely, but I can't be sure from the information provided), then there is the chance that he could be considered to have abandoned the house and may forfeit some or all claim to it. Additionally, if the unofficial separation lasts long enough, it may create additional grounds for divorce due to abandonment. Regarding your husband's ability to come and go to and from the house,  it is likely that he can come and go from the house as he pleases, the same way you can right now. From the information you provided, it is likely that the house is marital property, which if it is, means that you both have equal rights and claims to the house, and technically, absent a court order, neither one of you may evict the other. His being out of the house is, as of now, not a legally binding agreement to not come and go. He still has as much ownership and rights over the house as you do. For a situation like this, it may be in your best interests to hire an attorney to get a legal separation for the two of you. Your marriage would still exist, so reconciliation is a possibility should you choose that option in the future. Likewise, should the separation not work, then divorce is always an option and may be pursued at a later date as well.... Read More

The issue of your interest in his 401k should have been dealt with in your divorce..If you and he chose to represent yourselves and did not give you an interest in his 401k, once you were divorced he had the right to change the beneficiary of his 401k. You only have an interest if you were given one in the divorce judgment and other appropriate orders were entered.... Read More

Hi, David. As a general rule, money that is earned during the marriage through your employment is a marital asset. So whether or not that money ends up in a checking account, spent on a car, or invested into a retirement account, it is generally viewed as a marital asset, and as such the retirement account and pension will likely be seen to be a marital asset which must be accounted for in the divorce process. Money that is put into a retirement account or a pension before the marriage will not be considered marital property, and money that is put into the retirement after the marriage is also likewise not a marital asset. Only the money earned during the marriage. Pensions are tricky, however. It can be difficult to calculate an exact value. Sometimes what happens is that one spouse will get "bought out" of his/her claim to the pension by allowing the other spouse to have something else in the settlement process. Other times, however, the pension will actually be split in some fashion, and the Court will issue a Qualified Domestic Relations Order (QDRO) which will order the organization handling the pension to split it in some proportion for the two individuals. I hope this helps. (This answer is intended for informational purposes only, and it does not create a binding attorney-client relationship.)... Read More

Hello, Anonymous. It's hard to say for sure, since there isn't quite enough information, what you can and cannot do. If the house is marital property (which it commonly is), then the house is just as much your husband's as it is yours. The fact that he moved out likely should not terminate his rights to the property that quickly, although, if a long period of time has elapsed, it could potentially happen. So changing the locks could be seen by the court as denying him access to his property.  If you are seeking a divorce as the end-result of this situation, then it might be in your best interests to contact an attorney to get the process started. Then, while the matter is in court, your attorney could ask the Judge for permission to change the locks or find some other recourse to help keep your peace of mind regarding the locks. I hope this helps.   (This answer does not create a binding attorney-client relationship and should be used for information purposes only.)... Read More

Hello, Anonymous. You certainly do have rights. By having a spouse who has moved in with someone else, your rights should not be impacted negatively. More information would be helpful, such as whether or not there are minor children, and ownership of property, etc. This will help determine exactly what you can do and how the proceedings should go. I hope this helps.   (This answer does not create a binding attorney-client relationship and should be used for information purposes only.)... Read More

Hello, Anonymous. 750 Illinois Compiled Statutes - Chapter 5 - Sections: 104 and 401 requires that individuals filing for divorce in Illinois must be resident of the state for 90 days prior to filing.   I hope this helps.   (This answer does not create a binding attorney-client relationship and should be used for information purposes only.)  ... Read More

Hello, Anonymous. The basic process of starting the divorce will be the same as anyone else in Illinois. You will need to file the appropriate paperwork with the clerk's office and attempt to give notice of the filing to your husband. If you know where the husband is, that will obviously be easier. If you do not know where he is, it will be more difficult. It's not impossible, but there will be several steps you must take in order to satisfy the Judge that you did indeed make a good-faith effort to find him and inform him of the proceedings. If he responds to any of your attempts, then you would essentially proceed with the divorce as normal, with or without an attorney. If he does not respond, and the Judge feels you did make a proper effort to locate him and provide notice, then you may proceed through default.   I hope this helps.   (This answer does not create a binding attorney-client relationship and should be used for information purposes only.)... Read More

The length and cost of the divorce process is entirely situation-dependent. The lawyer handling it will certainly make a difference (a lawyer with a higher hourly fee will obviously cost more than a lawyer with a lower fee). But the biggest factor is really the parties themselves. The more fighting there is in the case means the more time and effort that is required from the attorney(s), which means the cost goes up. The more amicable and interested in resolution the parties are, the faster the case usually goes, and, in general, the lower the costs should be.   (This answer does not create a binding attorney-client relationship and should be used for information purposes only.)... Read More

You seem to have asked more questions than in the body of your text. If you are a half owner, then you might be entitled to one-half of the equity (value less mortgage). It depends on many variables. If you did not sign the mortgager, you are not responsible for the loan. You should get your name off the utilities too.... Read More

If you keep the home in your name and do not do some estate planning, such as a trust, on your death, your spouse is entitled to 1/3rd of your estate no matter what the will says. There are many ways to try to avoid that outcome, in which a competent attorney could assist you. If you do nothing, and remain married, then he can force the sale of the home to give him his third. So you must take the next step.... Read More

You can not evict him. He has the legal right to stay there. You have a duty to support him and he has a duty to support you. The only way to get him out is to file for divorce and seek an order of exclusive possession. There is nothing in the law that says he has to agree to the divorce. The longer you wait the longer he will have the right to stay there.... Read More