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Elizabeth M. Feely
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Elizabeth Feely’s Answers

168 total


  • Can you keep bank accounts as separate property with a prenuptial agreement?

    Would it be possible to have a prenuptial agreement that allows both husband and wife to have their own separate bank accounts? And that any monies deposited into those accounts (from whatever source, ie. work paychecks, interest, inheritance, etc...

    Elizabeth’s Answer

    Absolutely. The only consideration here is having the legal muscle that has the experience and talent to set forth such provisions in a manner that protects you.

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  • Alimony - wife has no income but has substantial assets and is from a rich family

    I make $150k a year. my wife has no income and is currently a student in graduate school. Her parents are still paying for her school tuition. My wife owns 2 houses outright in a foreign country (worth $300k each) and her family is filthy...

    Elizabeth’s Answer

    You are NOT in a legal position that is without legal recourse, as long as you retain skillful counsel who can artfully and skillfully set forth and detail the many factors that show the ability of your spouse to be self-sufficient.

    There is no indication that your spouse has been financially handicapped by her marriage to you. Be careful and don't just abandon hope before you have spoken to numerous attorneys to brainstorm about how they would approach your case.

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  • Can I move out of Illinois with a joint custody agreement?

    I am the mother and residential guardian, my x and I were never married. We just went through the legal process and agreed on joint custody. I am married and my husband is getting a job in another state. I was told we need to file a motion, do I n...

    Elizabeth’s Answer

    This is definitely not something you should engage in with an attorney. If your ex intervenes, you will find yourself in a legal quagmire.

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  • Unclaimed certified mail.

    I have temporary custody of our children, I filed for custody and sent a copy of the filed paperwork to the kids mother certified to the address she told the courts she was living at. Now i just received the unclaimed certified mail back today. Ho...

    Elizabeth’s Answer

    Since its such an important issue, custody of children, the court will be reluctant to grant you permanent custody without the signed green card notwithstanding that she appears to be avoiding service. You could serve the papers on her by process server thereby establishing that she has actual notice of court proceedings.

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  • Intentional infliction of emotional distress

    My wife's adultery has cost me thousand of dollars in counseling, my job, raising my kids full time, weight loss, ect. I'd like to talk to an attorney in the southwest suburbs about taking legal action.

    Elizabeth’s Answer

    Depending on the unique facts of your case, you may have an action against your wife's lover for alienation of affections in addition to IIED. Speak to an experience family lawyer who will aggressively assert your rights and seek compensation for your losses.

    Elizabeth Feely
    1 Westbrook corporate center
    Westchester, Illinois
    6303574979

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  • I cant afford an attorney and my husband now gone quit his job and took over 150k of his 401k out.

    He wont pay child support. Can I file a petition for temporay relief for child support despite him not having a job? He has a gambling addiction and know he will go through this money. meanwhile i can pay all the bills while he knows if he wor...

    Elizabeth’s Answer

    You can and should do the following:

    1.) Retain an attorney. Even with no retainer, he/she would file a petition demanding your husband to pay (out of the $150,000 he took it out) the cost of your representation. Once this motion is granted, you'll have at your disposal an attorney who could then skillfully address of the issues outlined below.

    2.) File a petition to freeze the money taken out of the 401(k), and putting it into escrow--it almost certainly would be granted. Furthermore, the petition would also request that all other assets at his disposal be frozen, as they are likely to be wasted.

    3.) File a motion alleging dissipation ( waste of marital funds). The purpose of this motion is for you to be reimbursed for the wasted money (either from remaining assets or spouse's future assets/income).

    4.) File a motion for contempt, since he violated judicial Order of Child Support.

    5.). File a motion for reimbursement of all costs and expenses incurred in enforcing that order for child support. Also, the motion would ask for 9% interest on all delinquent payments.

    6.). File emergency petition for husband to obtain employment and maintain a job diary (documenting all efforts to obtain employment).

    I know your situation seems very hopeless and I'm sure it is very stressful on you. However, please take comfort in the fact that the law allows you multiple tools. The judge will force him to pay child support and obtain full employment. The court will also freeze remaining assets and make sure that your spouse repay you all of the funds he has wasted.

    Please stay strong you and is very hurtful and difficult time. Speak to several attorneys who offer free consultations and practice law in DuPage County. In the end, this is nightmare will come to an end and justice will be restored.

    ELIZABETH FEELY
    (630) 581-2154
    www.naperville-divorce.com

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  • My 4th grade child is being worked up for ADD/ADHD. Is this adequate to change current 50/50 custody?

    My ex-husband and I were divorced 4/15/2010. I have remarried; my ex is living with his fiancee and her two teenage daughters. One of the daughters bullies one of my daughters (both 4th graders) very much. They do not get along. My ex-husband has ...

    Elizabeth’s Answer

    You have a number of great facts, including the ADD/ADHD diagnosis, bullying, alcohol abuse, tardiness to school , etc. that you could integrate into a petition to modify the current parenting schedule. Since I have children that attend school Naperville 203, I am very familiar with the schools.

    Elizabeth Feely
    Www.naperville-divorce.com
    630-357-4979

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  • I signed a prenup and have inheritance money in my name so can my husband get it back?

    The prenup states that I am not entitled to any of his inheritance. The money is in a certificate of deposit through a token trust at a bank in my name as the trustee and he is the beneficiary.

    Elizabeth’s Answer

    You raise an excellent question. Perhaps his inheritance has been transmuted into marital property or your separate property due to the creation of the CD in your name. Prenuptials are complex documents that must be thoroughly examined to determine the respective rights of the parties. You certainly have an issue that you may use as leverage in any negotiation.

    Elizabeth Feely
    www.naperville-divorce.com
    630-356-4979

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  • If a couple breaks up after 13 years but wasn't married or living together is one entitled to any assets made during that time?

    I assisted my boyfriend of 13 years in going from a net worth of about 100k$ to 1.3 million$ over 13 years- he cheated on me and i broke up with him- we didnt live together- am i entitled to any compensation?

    Elizabeth’s Answer

    Unless you have a provable written or oral contract that he agreed to compensate you for your services/contributions toward his assets, you have no claim against him.

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  • Can both parties use the same attorney when the divorce is uncontested? We just need paperwork filled out and filed.

    All issues have been decided and agreed upon. We have been separated for over 2 years.

    Elizabeth’s Answer

    No. A lawyer may only represent one of the parties in the divorce, even if it is uncontested. One of you may hire an attorney to prepare the paperwork; deliver the paperwork to the other spouse who will have the opportunity to either represent himself/herself or hire his/her own lawyer.

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