Elizabeth M. Feely’s Answers

Elizabeth M. Feely

Naperville Divorce / Separation Lawyer.

Contributor Level 13
  1. Is he being fair?

    Answered 12 months ago.

    1. Elizabeth M. Feely
    2. Michael R. Stetler
    3. Conor Edmond Malloy
    4. Roger William Stelk
    5. Roman J. Seckel
    6. ···
    6 lawyer answers

    Probably not. In order to properly evaluate whether or not his proposal is fair, an attorney would need to review your income/expense records and analyze the asset/liability split. Both of you have an obligation to provide for your children. However, based on the limited numbers you provided, he is not coming close to meeting his legal obligations. He can't just write a single check and leave you holding the bag and live life as a single guy with his condo. Don't let it happen. You will...

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  2. I'm married. Want to buy home by myself. Is there document my wife signs to wave rights for the house in divorce?

    Answered 12 months ago.

    1. Elizabeth M. Feely
    2. Alan James Brinkmeier
    3. Peggy Margaret Raddatz
    4. Stephen Samuel Messutta
    4 lawyer answers

    In Illinois, all property acquired after the marriage is presumptively marital. Consequently, the most effective way to exclude property that would otherwise be deemed marital property is to execute a postnuptial agreement. A properly executed and negotiated postnuptial agreement should protect your newly acquired home from any claims by your wife, But there are no guarantees of its enforceability especially since the postnuptial agreement's validity will be tested in a divorce proceeding,...

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  3. Can I file for divorce in the USA if we were married in Mexico (we are legal residents) and our kids also born in Mexico?

    Answered 12 months ago.

    1. Elizabeth M. Feely
    2. Brian Michael Radke
    3. J. Richard Kulerski
    4. Joseph Pierce O'Brien
    5. Roger William Stelk
    6. ···
    6 lawyer answers

    Doesn't matter where You were married or where your children were born. If you are residents of Illinois, you can file for divorce in Illinois.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is my husband required to carry our daughter on his health insurance past the age of 23

    Answered about 1 year ago.

    1. Elizabeth M. Feely
    2. Dean Taradash
    3. David J. McCormick
    4. Jeffrey Morris Jacobson
    4 lawyer answers

    Assuming your are still married, then he is not required to keep her on his insurance, but has the ability to choose to maintain her on his policy. If you are divorced and your divorce decree only requires him to maintain her until the age of 23, then you would have to file a petition to modify the divorce decree to require him to maintain her on the policy. I would do immediately when she is still on the policy.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. When I marry my fiancé will my income be included in his child support order if it is modified?

    Answered about 1 year ago.

    1. Elizabeth M. Feely
    2. Andrea Medlock Harvey
    3. Roman J. Seckel
    4. Peggy Margaret Raddatz
    4 lawyer answers

    No. The court will only look at your soon to be husband's income. However, if your income is substantial, you may wish to file a separate return from your husband(notwithstanding both of you will pay income taxes at a higher rate) to protect your privacy from the child support recipient. Arguably, even though the court may not combine your incomes together to calculate child support, to the extent that your income helps support your new family household, it would theoretically enable him to...

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  6. I am half way through a collaborative divorce. Is it normal to feel that my attorney sides with my ex?

    Answered 12 months ago.

    1. Elizabeth M. Feely
    2. Judy A. Goldstein
    3. Gary L. Schlesinger
    4. David Matthew Gotzh
    5. Peggy Margaret Raddatz
    6. ···
    6 lawyer answers

    Your collaborative divorce doesn't sound very collaborative to me. I also get a feeling that you're not comfortable with this collaborative process since your ex seems to be the only one that is benefiting from it. My advice would be to interview a few lawyers who are not fearful of litigation and pick the one that you like best. 50 K is an incredible amount of money to spend on a collaborative divorce without seeing favorable results.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How do I get a divorce after being separated for more than ten (10) years and the husband is too evil to talk about a divorce

    Answered 12 months ago.

    1. Elizabeth M. Feely
    2. Roman J. Seckel
    3. Conor Edmond Malloy
    4. Wes Cowell
    5. Andrea Medlock Harvey
    5 lawyer answers

    No need to talk to your husband about getting a divorce. Simply file a petition for dissolution of marriage. Your husband will have to answer to the judge. If you hire an attorney, you will never have to speak directly to him. Your attorney can handle the negotiations for you. The judge and the law will protect you. Please don't be afraid. It seems as if you have Waited a very long time to file for divorce. Don't wait any longer.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My four year old son was dropped off today with fading criss-crossed bruises and welts on the back of his leg. What do I do?

    Answered over 1 year ago.

    1. Elizabeth M. Feely
    2. Judy A. Goldstein
    3. Wes Cowell
    3 lawyer answers

    Take pictures of your son's injuries; bring your son to the doctor to analyze his leg. Get another OP and take temporary custody of kids. Your ex-wife has anger issues with which she needs help.

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  9. Can Ex-husband legally NOT inform me of his marriage even when we have two children and 50/50 custody?

    Answered 12 months ago.

    1. Elizabeth M. Feely
    2. Michael R. Stetler
    3. Peggy Margaret Raddatz
    4. Giacomo Jacques Behar
    4 lawyer answers

    There's nothing illegal about not telling you in advance of his re-marriage unless the provision requiring such disclosure was in your divorce papers. It would be highly unusual to have such a provision in an agreement. If you object to your children spending time with their step-mother then you need to file a petition to modify your divorce agreement. If you have a right of first refusal in your agreement, then you could invoke it whenever your ex is not available to care for the children...

    10 lawyers agreed with this answer

    2 people marked this answer as helpful

  10. My ex husband forged my signature on the divorce file. Is the divorce valid

    Answered 12 months ago.

    1. Gary L. Schlesinger
    2. Elizabeth M. Feely
    3. Peggy Margaret Raddatz
    4. Wes Cowell
    4 lawyer answers

    If your husband forged your signature on the marital settlement agreement and/or judgment of dissolution of marriage, then you must immediately file a petition in court seeking to vacate your divorce based on fraud. If, however, he forged your signature on other documents in the file that are not as significant, then your divorce is probably valid. You should take your divorce papers to a lawyer and have them review them as part of a free consultation.

    10 lawyers agreed with this answer

    2 people marked this answer as helpful

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