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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 6
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Divorce
Illinois

Recent Legal Answers

How can I get a divorce without my wife's consent?

Answered 11 years and 7 months ago by Tina Marie Fox (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Why is she not consenting? How long have you been married? For Irrec. Diff. you must be separated for 2 years, if she is not consenting; if she is consenting, then you need to be separated for 6 months.
Why is she not consenting? How long have you been married? For Irrec. Diff. you must be separated for 2 years, if she is not consenting; if she is... Read More

How long does it normally take for a contested divorce to be finalized?

Answered 11 years and 8 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
This sounds like it is uncontested not contested, which can be finalized within 45-90 days, depending on the parties.
This sounds like it is uncontested not contested, which can be finalized within 45-90 days, depending on the parties.

What are my rights when we get a divorce?

Answered 11 years and 8 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Why do you "have" to move out and why is he "getting the kids?" These are not automatics simply b/c you are unemployed. Also, you may be entitled to maintenance and you are entitled to a portion of his pension, retirement, 401k.
Why do you "have" to move out and why is he "getting the kids?" These are not automatics simply b/c you are unemployed. Also, you may be entitled... Read More

Divorce settlement is almost 4 months over due. What do I do?

Answered 11 years and 8 months ago by Doreen S Bell (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Retain a lawyer and file a rule to show cause to enforce it
Retain a lawyer and file a rule to show cause to enforce it

How long must you wait to get married after a divorce?

Answered 11 years and 8 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Once the order is in the court docket, you are free to make that same foolish mistake you made the first time. Seriously, there is no waiting period.
Once the order is in the court docket, you are free to make that same foolish mistake you made the first time. Seriously, there is no waiting period.

How long can a pension plan administrator hold up my pension payments while researching for a QDRO?

Answered 11 years and 9 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there is supposed to be a QDRO, while normally the person who is going to receive the QDRO benefits is the one who submits the QDRO, it would seem to make sense for you to submit the QDRO so you can begin to receive the appropriate benefits. The plan is acting appropriately to protect themself from claims of your ex. Get the appropriate QDRO done.... Read More
If there is supposed to be a QDRO, while normally the person who is going to receive the QDRO benefits is the one who submits the QDRO, it would seem... Read More

Is a court appearance required for divorce?

Answered 11 years and 9 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Yes, either in a form of an answer or an actual appearance form.
Yes, either in a form of an answer or an actual appearance form.

Will my divorce be valid in my country?

Answered 11 years and 10 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends on the laws of that country. Some may not recognize your Illinois divorce.
It depends on the laws of that country. Some may not recognize your Illinois divorce.

What are my rights if he put in our pre-nuptial agreement that the house is not marital which I signed?

Answered 11 years and 10 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
It states that he owns the house, but did he own it before you were married? Need more information to see if the pre-nupt, at this portion, would be invalid. If he did own the house before knowing you, he may have a leg to stand on, but again, not enough information here to determine.
It states that he owns the house, but did he own it before you were married? Need more information to see if the pre-nupt, at this portion, would be... Read More

If we buy a car and the people are divorced, can the wife legally sell the car?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
It depends on whether she got the car in the divorce and her name is on the title. If yes, then he has nothing to do with the car.
It depends on whether she got the car in the divorce and her name is on the title. If yes, then he has nothing to do with the car.

What is my soon to be ex wife entitled to if we get a divorce?

Answered 12 years and a month ago by Mr. James Paul Peterson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Divorce
A just and fair division of the property and debts earned during the marriage.
A just and fair division of the property and debts earned during the marriage.

If we divorce, do the person that owned the property have to pay money to the person that did not have anything when first came into their life?

Answered 12 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you owed property prior to the marriage, and you did not transfer title to the property, the property is non-marital. The court must assign that property to the spouse who owns the non-marital property.
If you owed property prior to the marriage, and you did not transfer title to the property, the property is non-marital. The court must assign that... Read More

Can I retain an attorney in Canada and sue my soon to be ex wife for personal injury and embezzlement?

Answered 12 years and a month ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Any claims as a result of the divorce must be brought in the divorce. If your wife has never been to Canada, they would lack jurisdiction over her so that you might be able to sue her, if there was an proper cause of action. Claims of embezzling marital funds must be raised in the divorce. The mental anguish as a result of the pain of the divorce is not recoverable, as far as I am aware. I have never seen a reported case allowing such a claim.... Read More
Any claims as a result of the divorce must be brought in the divorce. If your wife has never been to Canada, they would lack jurisdiction over her... Read More

How can I get help in the state with the jurisdiction of our case?

Answered 12 years and a month ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
Get the phone # for the New Jersey State Bar Association & call them & tell them you need to find a lawyer who will take your case.
Get the phone # for the New Jersey State Bar Association & call them & tell them you need to find a lawyer who will take your case.

What can I do to proceed with this divorce if husband is living in another state?

Answered 12 years and 2 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
As you live in IL you can get divorced here. His failure to attend. a parenting class should not stop your divorce. If you have minor children he is supposed to attend a class,if the custody issue is not contested, then there are on-line classes he can take. Further I would doubt that a judge would stop your case because he refuses to take a class.... Read More
As you live in IL you can get divorced here. His failure to attend. a parenting class should not stop your divorce. If you have minor children he... Read More

What am I entitled to if we have been marries for 12 years?

Answered 12 years and 2 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, as well as a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read More
A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete,... Read More

Can I possibly get a health insurance and alimony after a divorce?

Answered 12 years and 3 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You may be able to obtain COBRA benefits form his employer, but the premiums are usually very high. Maintenance, formally known as alimony, may be appropriate, but it is fact driven question, and a short term marriage does not normally mean you will receive alimony.
You may be able to obtain COBRA benefits form his employer, but the premiums are usually very high. Maintenance, formally known as alimony, may be... Read More

Can I possibly get a health insurance and alimony after a divorce?

Answered 12 years and 3 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
You likely will be able to obtain health insurance under your husband's coverage utilizing your COBRA rights. Alimony doubtful for a 2 year marriage, but might be possible. A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need (& a quote to represent you). Schedule a consultation ASAP. Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read More
You likely will be able to obtain health insurance under your husband's coverage utilizing your COBRA rights. Alimony doubtful for a 2 year... Read More

Can my wife initiate a new suit for continued support now?

Answered 12 years and 4 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Having handled a case of this type, I can tell you that IL lacks the jurisdiction to order college contribution. The rights of the respective parties was set by TX law. As you have not resided in IL, theirs courts do not have the power to order you to pay for college. (I lost that one).
Having handled a case of this type, I can tell you that IL lacks the jurisdiction to order college contribution. The rights of the respective parties... Read More

Does my second marriage become legal on the decreed divorce date that I filed?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   1 Answer   |  Legal Topics: Divorce
Your second marriage didn't become legal until your divorce in 2006 was final.
Your second marriage didn't become legal until your divorce in 2006 was final.

Would it be better to start divorce proceedings in the state, where I currently live, or wait until we move to another state?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
Better to wait until you both move to Georgia, then after you both have done so you will both have to reside there for a certain period of time (whatever the residency requirement is for Georgia divorce filing) before the divorce case can be filed.
Better to wait until you both move to Georgia, then after you both have done so you will both have to reside there for a certain period of time... Read More

Since it was not listed in the QDRO, does it make me not eligible for my spouse's pension or a percentage?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you.? Schedule a consultation ASAP.? Once the matter is resolved to your satisfaction (hopefully), you'll be glad you paid the money for an experienced attorney to properly protect your legal rights.... Read More
A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete,... Read More

Is it possible for me to get more than what the court has awarded me on my divorce?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   1 Answer   |  Legal Topics: Divorce
A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction (hopefully), you'll be glad you paid the money to hire an experienced attorney & properly protect your legal rights.... Read More
A skilled divorce attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete,... Read More

Is child support divided evenly among children?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
It's not necessarily true that you "will get less because you filed last".? The $ amount of child support is calculated separately for each child, based on a set formula, which a skilled family law attorney can calculate for you.? Such an attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, plus a quote to represent you.... Read More
It's not necessarily true that you "will get less because you filed last".? The $ amount of child support is calculated separately for each child,... Read More

How do I get a divorce if my spouse won't sign the divorce papers?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
There are several ways a skilled divorce attorney can attempt to get you divorced, the bottom line is that your spouse cannot prevent you from obtaining a divorce.
There are several ways a skilled divorce attorney can attempt to get you divorced, the bottom line is that your spouse cannot prevent you from... Read More
Divorce
Illinois

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