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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 7
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Divorce
Illinois

Recent Legal Answers

Can I force the sale of the house after the divorce?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   3 Answers   |  Legal Topics: Divorce
This matter needs to be motioned-up back into the domestic relations court where you were divorced, in order to attempt to obtain a Court Order permitting the house to be listed for sale.
This matter needs to be motioned-up back into the domestic relations court where you were divorced, in order to attempt to obtain a Court Order... Read More

Am I able to file divorce down here or do I need to do it in the county we were married?

Answered 12 years and 4 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
You can file a divorce case in Kentucky, as long as you have lived there sufficient time to satisfy the residency requirement in that state to qualify to file such a case.
You can file a divorce case in Kentucky, as long as you have lived there sufficient time to satisfy the residency requirement in that state to... Read More

If spouse won't respond to dissolution papers do I have to file for divorce?

Answered 12 years and 5 months ago by Anne Barbara Howard (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If she was properly served with the divorce papers, you can file for a default. If she wasn't served already, you need to locate her family, friends, etc. She needs to be served with the summons and petition to move forward.
If she was properly served with the divorce papers, you can file for a default. If she wasn't served already, you need to locate her family, friends,... Read More

What laws and rights I have especially with regard to alimony and other assets?

Answered 12 years and 5 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Did your fiance sponsor you under the immigration laws? If he did, he must comply with that agreement, no matter what a divorce law says. If he or she did not do so, a short term marriage does not usually afford a basis for support. But you do not say why you must get divorced.
Did your fiance sponsor you under the immigration laws? If he did, he must comply with that agreement, no matter what a divorce law says. If he or... Read More

Can my husband kick me out of the apartment we are renting?

Answered 12 years and 5 months ago by Aaron W. Goren (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
You should file for divorce so there is a court case allowing the court to order your husband to maintain the status quo, i.e., keep you in the apartment.
You should file for divorce so there is a court case allowing the court to order your husband to maintain the status quo, i.e., keep you in the... Read More

How do I get divorced if we live in different counties, same state?

Answered 12 years and 5 months ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
In Arizona the dissolution action may be brought in either county. If you are in agreement on all of the issues in the dissolution then you may use the consent decree of dissolution which, if done properly, does not require a court appearance from either of you. There is also another track for a dissolution which would only require one of you to appear.... Read More
In Arizona the dissolution action may be brought in either county. If you are in agreement on all of the issues in the dissolution then you may use... Read More

Is there someone out there that knows about disability pensions and back child support?

Answered 12 years and 6 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
A skilled financial/support 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 (& possibly 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 a quality attorney & properly protect your legal rights.... Read More
A skilled financial/support attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the... Read More

Can I get divorced in less than 30 days?

Answered 12 years and 6 months ago by Lori Anne Haskell (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Divorce
Not in Michigan.
Not in Michigan.

Can one get a divorce without the spouse's signature?

Answered 12 years and 6 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 (& possibly 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 a quality 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 one get a divorce without the spouse's signature?

Answered 12 years and 6 months ago by Jonathan Edward Shimberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
No where does it say in the law that a spouse's signature is required in order to be divorced. You are required to make a "diligent" effort to attempt to locate her such as calling her relatives, friends and associated and ask them if they know where your spouse is, an internet search, maybe even a locator search through a company that specializes in that service. If you have done so and you are unable to find her, then service by publication is sufficient to get you divorced. There are courses offered through the Clerk's office to help you with this process.... Read More
No where does it say in the law that a spouse's signature is required in order to be divorced. You are required to make a "diligent" effort to... Read More

How much should a reasonable lawyer charge for an uncontested divorce?

Answered 12 years and 6 months ago by Mr. Willie Stephen Graves (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
You might get a truly uncontested divorce involving children and property for as little as $1,500 or so if you shop around a bit, but you don't have an uncontested divorce if there are things you don't agree on.
You might get a truly uncontested divorce involving children and property for as little as $1,500 or so if you shop around a bit, but you don't have... Read More

How much should a reasonable lawyer charge for an uncontested divorce?

Answered 12 years and 6 months ago by Tina Marie Fox (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
If you do not agree on child support or division of property, then you would not have an uncontested divorce.
If you do not agree on child support or division of property, then you would not have an uncontested divorce.

How much should a reasonable lawyer charge for an uncontested divorce?

Answered 12 years and 6 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
It depends on where you are and how uncontested it is. There have been many an occasion where it appears that the parties agree and then something comes up, like the 401k or a favorite dog. Your best bet is to call local attorneys and ask them what they would charge.
It depends on where you are and how uncontested it is. There have been many an occasion where it appears that the parties agree and then something... Read More

Is the divorce a final separation and will the kids keep us connected?

Answered 12 years and 6 months ago by Elizabeth Jones (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
The divorce severs all legal and property ties you have. But you will always be parents.
The divorce severs all legal and property ties you have. But you will always be parents.

Can I get lock out of our home if both name is on the marriage property?

Answered 12 years and 7 months ago by Terry Anne Buchanan (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Usually a "kick out" order and/or restraining order for a "lock out" of the other spouse requires evidence of domestic violence.? The names on title are not relevant to determining your ability to remove the other spouse from the property.
Usually a "kick out" order and/or restraining order for a "lock out" of the other spouse requires evidence of domestic violence.? The names on title... Read More

Can he take my retirement we haven't been together in 3 years?

Answered 12 years and 7 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
Yes, under IL law spouse may request (or he can waive requesting) 50% of the value of your pension that has accumulated from the date of marriage until the date of any divorce judgment, it's a negotiable issue, like most of the other issues in a divorce case.
Yes, under IL law spouse may request (or he can waive requesting) 50% of the value of your pension that has accumulated from the date of marriage... Read More

If fiancee has been separated from previous husband for 7 years, we are now pregnant, what do we do?

Answered 12 years and 7 months ago by Barbara Peyton (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
A divorce is still required.
A divorce is still required.

Since my husband wants a divorce and cheated two weeks into marriage, is it possible to make him pay for the divorce?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
Sure its possible. It kind of depends on your relative incomes though. Talk with your attorney about it.
Sure its possible. It kind of depends on your relative incomes though. Talk with your attorney about it.

Will the alimony stops upon retirement?

Answered 12 years and 7 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
If it is stated in your divorce judgment that you stop paying out alimony upon your retirement, then you stop paying alimony upon your retirement. However, if you then return to working, in Florida, you would then no longer be retired, & I would think that you would then have to resume paying the alimony. A skilled divorce attorney would need to discuss this matter with you in greater detail, review your divorce judgment & ask you many questions, in order to give you the complete, proper legal advice you need.? Schedule a consultation ASAP. Once the issue is resolved to your satisfaction, you'll be glad you paid the money to hire her/him & properly protect your legal rights.... Read More
If it is stated in your divorce judgment that you stop paying out alimony upon your retirement, then you stop paying alimony upon your retirement.... Read More

Do I file for divorce where I live (Illinois) or where she lives (New Jersey)?

Answered 12 years and 7 months ago by attorney Vincent C. Machroli   |   3 Answers   |  Legal Topics: Divorce
You file in the county in Illinois you live in. If it will be an uncontested divorce, the appropriate documents could be mailed to your wife. If it will not be an uncontested divorce, it would be necessary for her to be served with a summons and petition for dissolution of marriage. 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 (& possibly 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 attorney & properly protect your legal rights.... Read More
You file in the county in Illinois you live in. If it will be an uncontested divorce, the appropriate documents could be mailed to your wife. If it... Read More

Can my wife make me leave our house?

Answered 12 years and 8 months ago by Tina Marie Fox (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
If you owe more than what the house is worth, there will not be a "half" to give to her. You have to have a profit or equity in order for someone to receive money and you are stating that there isn't any equity in your home. If you don't want the house and she can afford it, then yes, you can give the house to her. If neither of you can afford the house, solely, you can look at renting it out, loan modification, if you qualify, or a short sale, again, if you qualify; but again, with a short sale, there will not be an overage to split with the wife.... Read More
If you owe more than what the house is worth, there will not be a "half" to give to her. You have to have a profit or equity in order for someone to... Read More

If my wife abandoned or removed herself from the household, am I obliged to provide for her?

Answered 12 years and 8 months ago by attorney Vincent C. Machroli   |   1 Answer   |  Legal Topics: Divorce
A skilled domestic relations 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 (& possibly a quote to represent you). Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your legal rights.... Read More
A skilled domestic relations attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you... Read More

Calendar day vs. business days to reply to a divorce petition in Illinois?

Answered 12 years and 8 months ago by attorney Vincent C. Machroli   |   2 Answers   |  Legal Topics: Divorce
Calendar days, & day #1 of the 30 days is the day after you have the petition in your hands.
Calendar days, & day #1 of the 30 days is the day after you have the petition in your hands.
Divorce
Illinois

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