Michael A. Meschino’s Answers

Michael A. Meschino

Palatine Divorce / Separation Lawyer.

Contributor Level 13
  1. Can I file for divorce while I am still living with my spouse?

    Answered over 2 years ago.

    1. Michael A. Meschino
    2. Peggy Margaret Raddatz
    3. Judy A. Goldstein
    4. Thomas Matthew Benson
    4 lawyer answers

    Yes you can still file. While still living together you will have to convince the Judge assigned to the case that Irreconcilable differences have caused an irretreivable breakdown of the marriage and if you have lived as roommates and not as spouses(no sex) then you will get a divorce. Consult with a local attorney who practices Divorce Law and give him or her the factual background.

    8 lawyers agreed with this answer

    2 people marked this answer as helpful

  2. What if I do not know where my spouse is?

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Peggy Margaret Raddatz
    3. Michael A. Meschino
    4. Gary L. Schlesinger
    5. Richard Jay Sorman
    5 lawyer answers

    Publication Divorce is an answer. If, after a diligent search you cannot find him you will be able to divorce him by filing a Petition for Dissolution and serving him by using a newspaper with a general circulation in the county where you reside. This could be the Daily Law Bulletin, The Chicago Tribune, Daily Herald, Sun Times etc.. However only the status of being married is under the jurisdiction of the court. You cannot receive Child Support, Maintenance, Property Distribution or any...

    9 lawyers agreed with this answer

  3. Can I file and be granted a divorce if I no longer reside in the state I was married in?

    Answered over 2 years ago.

    1. Michael A. Meschino
    2. Gary L. Schlesinger
    3. David Alexander Browde
    4. Joel Richard Salinger
    4 lawyer answers

    As your husband still lives in Illinois the Illinois courts have Subject Matter Jurisdiction, that is the right to hear the case. If your husband is the Petitioner then you will not have to appear if you have a signed Marital Settlement Agreement that handles all the issues in a divorce. Even though it is cordial I reccomend obtaining an attorney to do the paperwork properly because so many things can and do go wrong with people who represent themselves in Cordial Divorces. There is no online...

    8 lawyers agreed with this answer

  4. In a divorce case does a recommendation from the judge have any weight if one party is unwilling to compromise?

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. David Matthew Gotzh
    3. Michael A. Meschino
    4. Robert Ricci
    5. Bruce E. Burdick
    5 lawyer answers

    Your address posted is in Cook County, IL. That means if your case is filed and pending downtown the judge who pretried the case will most likely not be the trial judge. You now are in a situation where each of gets two bites at the apple. If the case is pending in one of the district courts(Oak Park is part of the 4th municipal district) that judge will be the trial judge and the answers previous to my answer would be correct on that point.

    8 lawyers agreed with this answer

  5. Is there anything I can do to stop my spouse from taking all the marital property out of our home?

    Answered over 2 years ago.

    1. Michael A. Meschino
    2. David Matthew Gotzh
    3. Barry Cahn Boykin
    4. Peggy Margaret Raddatz
    4 lawyer answers

    The Chicago Police will not mediate this dispute nor arrest anyone as you are married. It seems to me your spouse has already decided to effectuate astreet settlement. Try tofind an attorney fast and file for divorce and get a restraing order entered.

    Selected as best answer

  6. My wife is divorcing me, and I ask for $5000.00 of her $23.000.00 401K,

    Answered over 2 years ago.

    1. Michael A. Meschino
    2. Judy A. Goldstein
    3. Peggy Margaret Raddatz
    4. Barry Cahn Boykin
    4 lawyer answers

    First you need to know that a pre marital 401k is non marital. Eve, now calledn the interest that accrues during the marriage is non marital. Only cotributions during the marriage and interest and gains on those contributions are marital. On the alimony issue, now called maintenance, how did she support herself for 1 year ,6 months without your financial support? These are just ideas. You need to see a divorce attorney in person.

    Selected as best answer

  7. What is child abduction?

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Michael A. Meschino
    3. Peggy Margaret Raddatz
    4. Barry Cahn Boykin
    5. Judy A. Goldstein
    5 lawyer answers

    Please hire a real lawyer to litigate this matter. The reason the case is continued to July is because you are out of the country. The Hague Convention gives the U.S. Court Jurisdiction to hear this case. You either need to hire a lawyer and litigate this case or move to a country that will not extradite you as that country is not a signature to the Hague Convention. Then you become a fugitive and the countries near Israel that are not signatories to the Hague Convention are not friendly to...

    7 lawyers agreed with this answer

  8. I live in Cook county IL. Will a judge grant you a divorce if you live in the same house.

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. Michael A. Meschino
    3. Jeffery Mark Leving
    4. Peggy Margaret Raddatz
    5. Fred A. Joshua
    6. ···
    6 lawyer answers

    Living in the same house has become a more normal state of affairs in divorce since 2007. No judge in Cook County will hold up a divorce for that reason. You must be pro se. The judge may want to know if you have a written agreement. Pro se litigants have been clogging up the system with not having the correct paperwork or having paperwork that omits important details that are necessary.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Is there something I can do to speed up my divorce process??

    Answered over 2 years ago.

    1. Michael A. Meschino
    2. J. Richard Kulerski
    3. Jeffrey Morris Jacobson
    4. Maryam Atighechi
    5. Scott William Tzinberg
    6. ···
    6 lawyer answers

    Cook County can take a while but an attorney not returning phone calls is neglect of the file. Ask for a final bill and your file and fire that attorney. By now you should have had a Child's Rep or a 604(b) appointed. Usually that is done on the court date after Mediation is completed.

    6 lawyers agreed with this answer

  10. Can my wife get my pension? We were married for 6 years. We both have grown kids from different marriages and she did not work

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. Peggy Margaret Raddatz
    3. Michael A. Meschino
    3 lawyer answers

    If your wife was married to you during any of the years that pension credits or contributions were made allows her,under Federal Law, to claim 1/2the marital portion of your pension. Was there a pre nuptial agreement? In any multi marriage situation you should consider one to protect your children.

    6 lawyers agreed with this answer