Lisa Marie Giese’s Answers

Lisa Marie Giese

Winfield Divorce / Separation Lawyer.

Contributor Level 8
  1. Can I file for divorce if we are not separated?

    Answered about 5 years ago.

    1. Lisa Marie Giese
    2. Kristy Gosteli
    3. Diane L. Mader
    3 lawyer answers

    In Illinois, you may file for divorce regardless of your separation status. However, a judgment may not be entered until the parties have been living separate and apart (within the meaning of the statute) for a certain continuous period. The waiting period is two years if irreconcilable differences is cited as the grounds for the divorce. The waiting period can be reduced to six months if "fault" grounds exist such as abuse, adultery, etc. The period can also be reduced to six months if the...

    3 people marked this answer as helpful

  2. How hard is it to prove my ex is living on conjugal basis?

    Answered almost 5 years ago.

    1. Lisa Marie Giese
    1 lawyer answer

    It sounds like you are referring to proving your ex cohabits with another person on a resident, continuing conjugal basis, which is the statutory requirement for a termination of maintenance. It can, sometimes, be difficult to prove this. Factors that you should look at are how many nights per week he or she sleeps at the other person's home, whether he or she keeps his or her belongings there, whether he or she grocery shops for that home, and whether he or she helps support that household,...

    1 person marked this answer as helpful

  3. How much are court costs in illinois?

    Answered about 5 years ago.

    1. Lisa Marie Giese
    2. David Matthew Gotzh
    3. Pamela A Wilson
    3 lawyer answers

    It appears as though you reside in Cook County. The website link to filing costs in Cook County can be found at: http://198.173.15.31/Forms/pdf_files/CCG0603.pdf Filing fees are constantly being changed, so this website may not always be as up to date as the clerk's office.

    1 person marked this answer as helpful

  4. Should i file a district transfer request along with my appearance in my divorce

    Answered about 5 years ago.

    1. David Matthew Gotzh
    2. Lisa Marie Giese
    2 lawyer answers

    If the case was filed in one of the suburban districts the local rules provide that you have an automatic right to transfer the case to the Daley Center. Transfers to a different suburban district or from the Daley Center to a suburban district generally require not only agreement of the parties but also a showing of good cause.

    1 person marked this answer as helpful

  5. NCP asked to pay medical bills for past 9 years.

    Answered almost 5 years ago.

    1. Lisa Marie Giese
    1 lawyer answer

    Is there any requirement she provide him with the bills or notify him prior to or immediately after appointments? Is there any requirement that she provide bills within a certain number or days or that he reimburse her within a certain number of days? Does he have joint custody? To answer this question, it would be important to look at the order in full. The insurance premiums may be a different story, as if he knew she covered the children on her insurance plan, he should have taken...

  6. Am i better off with a legal separation first or just go ahead and get a divorce my husband cheat on me and I am also unemployed

    Answered almost 5 years ago.

    1. Lisa Marie Giese
    2. Wilfred Henry Chan
    2 lawyer answers

    Whether you choose to obtain a legal separation or a divorce, you will be able to outline in an agreement each party's financial and child-related rights and responsibilities. You may have personal or religious reasons for seeking a separation rather than a divorce. Furthermore, sometimes staying married offers certain benefits such as continued health insurance coverage and/or the opportunity to take advantage of military or social security benefits. However, other than those limited...

  7. How much money do you pay for child support?

    Answered almost 5 years ago.

    1. David Matthew Gotzh
    2. Lisa Marie Giese
    2 lawyer answers

    In Illinois, statutory guidelines of child support are as follows: 1 child = 20% 2 children = 28% 3 children = 32% 4 children = 40% 5 children = 45% 6 children or more = 50% The percentage is based on net income, which is defined as total income from ALL sources, minus the following deductions: * Federal income tax; * State income tax; * Social Security (FICA); * Mandatory retirement contributions; * Union dues; * Dependent and individual health/hospitalization insurance...

  8. Foreclosure after Chapter 7

    Answered almost 5 years ago.

    1. Timothy William Combs
    2. Lisa Marie Giese
    2 lawyer answers

    If you file a Chapter 7 at a time when you are current on your mortgage, the lender(s) will probably require you to re-affirm the debt if you wish to continue to reside in the house. If you re-affirm the debt and then default on your mortgage then you will be liable on those mortgages post-discharge meaning the lender will probably come after you upon foreclosing. If you do not plan to stay in the home, then you can indicate on your bankruptcy petition your intent to surrender and avoid...

  9. Can we legally move someone without their consent,

    Answered almost 5 years ago.

    1. Alan James Brinkmeier
    2. Lisa Marie Giese
    2 lawyer answers

    Given your brother-in-law's condition, it sounds like you may need to seek guardianship of him in the Probate Court, which can be a lengthy and expensive process. If you are appointed as the guardian of his person and estate you can make many (but not all) of his health and financial decisions. If your brother-in-law is competent, it may be possible for him to execute a Power of Attorney. I strongly suggest you contact an attorney to discuss your options in greater detail. Disclaimer: It...

  10. Divorce in IL

    Answered almost 5 years ago.

    1. Lisa Marie Giese
    1 lawyer answer

    To start, a motion to reconsider and an appeal are two different things. An appeal must be filed within 30 days of entry of the Judgment for Dissolution of Marriage. There are also different sections of the statute under which a motion to reconsider can be filed. The amount of time your ex has bring the motion will depend on which section he is seeking relief under. Disclaimer: It is impossible to evaluate a legal problem without a comprehensive legal consultation and review of all the...