Illinois Divorce Legal Questions

In general, the home should be non-marital property, with your spouse not entitled to any interest in it, if you purchased it prior to the marriage. However, under certain circumstances (e.g., spouse paid for certain renovations to the house, etc.), home could become marital property. 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 your interests). Schedule a consultation as soon as possible. Once the case is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your legal rights.... Read More

If your husband has not lived with you in Wisconsin, a Wisconsin might lack the power to divide your assets if he does not consent to the Court having jurisdiction to divide your assets. It depends on where you lived together as husband and wife. If that was Wisconsin, file there. Otherwise Illinois would be the proper place to file.... Read More

There are many, many affordable lawyers available to help you with this type of matter, so saying you "can't afford a lawyer" is just not an accurate statement. Instead of addressing the matter properly, legally, you overpay alimony five years more than you were supposed to, but you can't afford a lawyer? A reasonably-charging attorney would have saved you I would surmise a number of thousand dollars five years ago.... Read More

You need to hire a skilled divorce attorney to get you divorced. It would not be that expensive, if the divorce is uncontested, & the cost involved would be well worth it, because such an attorney knows exactly what documents need to be prepared, & what the documents need to say, & what to say in court, etc., all things that you wouldn't be expected to know, & it would take a good deal of your time to find out all these answers (if you could even find all the correct answers) regarding divorce, answers that the lawyer already knows. Schedule a consultation ASAP. Once the situation 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 June payment would be the entire $600.00 for the month. Is there a wage assignment or are you paying the support directly? If by wage assignment then it is possible that the order for the wage assignment includes the presumptive termination date of the support. You can check with your employer. If there is no presumptive termination date then you may need to file with the court to have the support terminated. You should consult with experienced family law counsel to review this issue.... Read More

You're fine as long as it is temporary and not a permanent relocation. You should let him know where you are going with the kids, that it is just for a few weeks and your telephone number, otherwise he might file a motion with the court claiming that you have taken off permanently with the kids. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers.... Read More

This is really for someone else's legal matter, but loosely speaking it sounds like she has some equitable distribution rights (and possibly even alimony), and assuming the husband will not amicably agree to things in a separation agreement, she will need to file suit to enforce her rights. She should start gathering as many records and information as she can regarding all assets, accounts, debts, etc. or contact the relevant banks for the same if she was not in charge of such records. And then consult an attorney... Read More

A skilled divorce attorney would need to discuss this matter with you and/or your sister in greater detail, and ask you many questions, in order to give both of you the proper legal advice you seek (and possibly a quote for a divorce). Schedule a consultation ASAP. Once the matter is resolved to your sister's satisfaction, she'll be glad she paid the money to hire an attorney and properly protect her legal rights.... Read More

If there is no specific court order stating he is responsible for half of the cell phone bills, then your only option is to obtain a court order. However, if he is paying you support and half of your son's auto insurance, the court may deem that your payment of the cell phone is about equal- and not order him to pay any more. You should analyze the numbers and whether you have any emails or texts in writing that you could show that he had agreed and reneged.... Read More

If he is a resident of IL he can obtain a divorce. You do not say where she resides. Her citizenship is not relevant. If his property was his before the marriage it is his non-maritsl property. But that is not relevant to any support issue. Alimony may be an issue he should be concerned about.... Read More

The house may now be considered marital property, but that is not guaranteed. You do not indicate what he earns. You can not do anything until you find out where he is. If he is working at a job you know about, he can be served with summons there. You may be entitled to maintenance (formerly known as alimony) and you are entitled to child support until your child is 18 or completes high school (up to age of 19). You need to do something to find out where he is and then seek a divorce.... Read More