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Illinois Divorce Legal Questions

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250 legal questions have been posted about divorce by real users in Illinois. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Illinois Divorce Questions & Legal Answers - Page 5
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Divorce
Illinois

Recent Legal Answers

Am I entitled to any part of that settlement if we I have been separated for 8 years?

Answered 10 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It is possible. Timing is an important issue. How much is involved. The cost to you of trying get a share of the settlement may exceed the return. If the house issue was not dealt with in the divorce, it may depend on when the wrongful conduct occurred. Too many variables and maybe not enough information... Read More
It is possible. Timing is an important issue. How much is involved. The cost to you of trying get a share of the settlement may exceed the return.... Read More

Is my soon-to-be ex entitled to this house even though he has not contributed anything to this, not even with repairs?

Answered 10 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Anything you buy during a marriage is marital property. Your husband must have signed something when you bought the house. Did you disclose to your lender that you were married. You have many problems wit any claim that the property is non-marital or that your husband has no claim. Any mortgage payments you made were made with marital funds. So why shouldn't get be entitled to something from the home.... Read More
Anything you buy during a marriage is marital property. Your husband must have signed something when you bought the house. Did you disclose to your... Read More

Will a notarized contract between spouses be a legal document?

Answered 10 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
An agreement would only become truly effective when and if it is incorporated into a court's judgment, which would have included a court's approval of the agreement you may reach.
An agreement would only become truly effective when and if it is incorporated into a court's judgment, which would have included a court's approval... Read More

How do I divorce someone living in Luxembourg but is a US citizen?

Answered 10 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Real simple. As long as you live here in the date of filing and for more than 90 days prior to that date, you can file here and obtain a divorce. There is no requirement that he live here also. If you want to resolve other issues, such as maintenance and property division, then other issues pop up. He can agree to IL court jurisdiction by filing an appearance and allowing the court to decide those issues (or the two of you can reach an agreement as to those issues) or if he and you never lived here, then IL courts , absent an agreement, do not have the power to determine those issues.... Read More
Real simple. As long as you live here in the date of filing and for more than 90 days prior to that date, you can file here and obtain a divorce.... Read More

Can I still receive compensation if I had a TV in a joint contract with my ex-girlfriend?

Answered 10 years and 11 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
A court is concerned with two things. Is there any equity in the TV. If you owe more than it is worth, which is probably the case, you are not entitled to anything for it. The next thing the court is concerned with is who is going to pay the balance. Most likely, she who has the TV will be solely responsible to pay the balance. Sorry but what you paid was for the right f use of the TV. It has no equity to divide.... Read More
A court is concerned with two things. Is there any equity in the TV. If you owe more than it is worth, which is probably the case, you are not... Read More

Are there any cheap or free divorce attorneys?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The law requires you make an earnest effort to locate him. If you have done that, and are still unable to locate him, then you can obtain a divorce by publication.
The law requires you make an earnest effort to locate him. If you have done that, and are still unable to locate him, then you can obtain a divorce... Read More

What happens after an answer has been filed?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is too much missing. Are there kids.If there are have you taken the court required parenting class? Are there assets to divide. This is not a TV show. There is a process you are supposed to follow. There are plenty of books you can read that will tell you what you need to do if you do not want to hire a lawyer.... Read More
There is too much missing. Are there kids.If there are have you taken the court required parenting class? Are there assets to divide. This is not... Read More

How should I handle a delinquent divorce settlement?

Answered 11 years ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Record the judgment for divorce. Are there any other assets from which to get what you ate owed?
Record the judgment for divorce. Are there any other assets from which to get what you ate owed?

Can she divorce the current husband if she never divorced her first husband in Mexico?

Answered 11 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If they live in Illinois, if she got divorced from her Mexican husband, it makes her Illinois marriage valid. If she is still married to H # 1, then marriage 2 is still invalid.
If they live in Illinois, if she got divorced from her Mexican husband, it makes her Illinois marriage valid. If she is still married to H # 1, then... Read More

What do I do for him to continue paying the mortgage?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have to file a divorce and obtain a support order.
You have to file a divorce and obtain a support order.

How does one serve divorce notice internationally?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If she refuses to give you an address and none of her family will cooperate and giver you a street address, you can not serve a post office box. You need to prepare an affidavit setting forth what effort you have made to try to locate her and ask the court to order alternative service.
If she refuses to give you an address and none of her family will cooperate and giver you a street address, you can not serve a post office box. You... Read More

What do I need for a courthouse marriage?

Answered 11 years and 2 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Most of the rules are the same, but some counties have their own rules. Contact the courthouse in which you want to get married in & they will let you know what is required of you.
Most of the rules are the same, but some counties have their own rules. Contact the courthouse in which you want to get married in & they will let... Read More

What happens when a divorce is filed in 2014 but it continued unresolved into 2015?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The next law if the case was pending on January 1.
The next law if the case was pending on January 1.

Can a spouse move back into a marital home after she established residence in another house for seven years?

Answered 11 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Who owns the house? If the spouse is a co-owner, then they have certain rights, which may include the right to occupancy. If here is no order barring them from possession, they may have the right to move back in.
Who owns the house? If the spouse is a co-owner, then they have certain rights, which may include the right to occupancy. If here is no order... Read More

Should we go get married and if we do, do we have to have our marriage annulled in another state?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It would appear you did not get married in the state where you reside. If the marriage is not legal in the state where it happened, then there may be nothing to annul. You need to talk to a lawyer in the state where you live, to determine what your next step should be.
It would appear you did not get married in the state where you reside. If the marriage is not legal in the state where it happened, then there may be... Read More

Is it legal for a married woman not to change her last name to her husband's?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no requirement that a woman change her last name to her husband's. My wife of 31 years did not change her name. The only thing she carried around was a certified copy of our marriage license. Otherwise there is no law that requires she change her name.
There is no requirement that a woman change her last name to her husband's. My wife of 31 years did not change her name. The only thing she carried... Read More

How long does a person have to be married to collect pension and 401k from spouse through a divorce?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no rule. In theory enough time where money has been contributed into the pension or 401k during the marriage is sufficient. But there is a cost to that right. A QDRO has to be prepared, which can cost hundreds of dollars. So if your share is less than the cost it makes no sense. Otherwise, it makes economic sense.... Read More
There is no rule. In theory enough time where money has been contributed into the pension or 401k during the marriage is sufficient. But there is a... Read More

Can my ex-wife sign off my QDRO without coming to court because she's ill?

Answered 11 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
All she has to do is sign the QDRO and mail it back to you, nothing more.
All she has to do is sign the QDRO and mail it back to you, nothing more.

In the case of a divorce, is a woman entitled to the cash and retirement savings she acquired prior to marriage?

Answered 11 years and 4 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If she kept the case separate in an account in her own name and did not put any money earned during the marriage, then clearly yes. Otherwise arguable transmutation into marital property. Pre marital pension is hers.
If she kept the case separate in an account in her own name and did not put any money earned during the marriage, then clearly yes. Otherwise... Read More

Can you stop a divorce after a judge has signed dissolution of marriage papers?

Answered 11 years and 4 months ago by Tina Marie Fox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the judge signed your final judgment, then you were divorced on that day.
If the judge signed your final judgment, then you were divorced on that day.

Is it true that when I moved to a new county, I needed to have an attorney in the county put in a new order to transfer everything?

Answered 11 years and 5 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need to know where the person responsible for the payment of the support is living. Where you live is not that important. The order can be enforced where it was entered. If both of you no longer live in that county, the judgment can be registered in the county where the payor lives. The State may provide you with a lawyer for free. Or call the local bar association. You may be able to find a lawyer who will work on a contingency, taking a percentage of what they collect on your behalf.... Read More
You need to know where the person responsible for the payment of the support is living. Where you live is not that important. The order can be... Read More

What percentage of my income do I pay for child support if I have 3 minor children?

Answered 11 years and 5 months ago by Tina Marie Fox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The IL child support statutory guideline for 3 children is 32% of your net income. As for health insurance, you may be ordered to cover health insurance, but it is not an automatic given.
The IL child support statutory guideline for 3 children is 32% of your net income. As for health insurance, you may be ordered to cover health... Read More

What do I need to do to be sure I am legally divorced in the US?

Answered 11 years and 5 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you are legally divorced there, if is recognized here in the US. I would request a copy, of your own records, however.
If you are legally divorced there, if is recognized here in the US. I would request a copy, of your own records, however.

Can I owe my half of the property value if we divorce?

Answered 11 years and 6 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
When did you marry? If you bought the lot during the marriage there is a presumption that it is marital. Is there a title to the home? Once you attach it to the land, if the land is marital property, then the home may be transmuted into marital property. Dates are very important in divorce cases.... Read More
When did you marry? If you bought the lot during the marriage there is a presumption that it is marital. Is there a title to the home? Once you... Read More

What do I need to present to actually prove that my spouse used me to try to gain permanent residence in the United States?

Answered 11 years and 6 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You may, but there is a severe time limit within which to bring such an action. You may have other issues. If you signed an agreement with INS to support him, that requires you to do so for two years. It is a contract that he can enforce and a divorce court can not void.
You may, but there is a severe time limit within which to bring such an action. You may have other issues. If you signed an agreement with INS to... Read More
Divorce
Illinois

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