Raiford D. Palmer’s Answers

Raiford D. Palmer

Wheaton Divorce / Separation Lawyer.

Contributor Level 9
  1. Can you legally evict a family member whom you took pitty on, but now regret?

    Answered over 5 years ago.

    1. Raiford D. Palmer
    1 lawyer answer

    Sure, assuming the person is not your child and you are not the person's guardian. (I.E. you can't throw your ten year old out of the house). Assuming this is your uncle (for example), and he has no lease agreement with you (verbal or written, i.e. he has not been paying you monthly to stay there) you can simply ask the person to leave, lock them out, etc. You can contact the police if the person refuses to leave. If you have some type of lease agreement, you really need to provide a 30-day...

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  2. My husband is married to someone in the state of georgia but has married me in illinois. how do i find out if he is married

    Answered over 3 years ago.

    1. Raiford D. Palmer
    2. David Matthew Gotzh
    3. Steven Alan Fink
    3 lawyer answers

    To add another note, if your "husband" is still married in GA, you can have your marriage declared invalid in Illinois, as it was void when you were married (the legal term is "void ab initio", meaning "void from the start." See 750 ILCS 5/212(a)(1), "Prohibited Marriages." Interestingly, per Illinois law, if he was divorced some time during your marriage (from the GA wife) and is only married to you now, your marriage is valid from the date of his first divorce (essentially he would have "...

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  3. What happens if you have sex with your husband while he is still under the order of protection?.

    Answered over 3 years ago.

    1. Raiford D. Palmer
    2. David Matthew Gotzh
    3. J. Richard Kulerski
    4. Patrick Byron Markey
    4 lawyer answers

    Possibly. If your actions are not in line with the Order (you are willing to meet with him, have sex with him, et cetera) he may be able to use that information to bring a motion to vacate the order of protection early. As Mr. Kulerski rightly says, be very wary.

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  4. What are some of the things to watch out for when a financial QDRO (401K rollover) is being prepared by the opposing side?

    Answered almost 3 years ago.

    1. David Matthew Gotzh
    2. Raiford D. Palmer
    3. J. Richard Kulerski
    3 lawyer answers

    Yes, do have an attorney review the proposed qualified domestic relations order (QDRO). It then must meet approval by the plan administrator before being entered by the Court. It is important that QDROs are properly prepared to avoid getting less than you are entitled under the divorce decree. It is not as simple as it might seem - many items are covered in a QDRO. Emily Carrara in my office concentrates in preparation and review of QDROs as well as related litigation.

    2 lawyers agreed with this answer

  5. Can I change my daughters last name to my maiden name without forfeiting child support?

    Answered almost 3 years ago.

    1. Brian Michael Radke
    2. Raiford D. Palmer
    3. Steven Alan Fink
    3 lawyer answers

    Agreed, the challenge will be in getting the name change granted, though it is possible. This will not affect child support if granted.

    1 lawyer agreed with this answer

  6. My husband moved out of our house. It was his house before marriage, and we have no kids together. I have 3 living with us.

    Answered over 4 years ago.

    1. Raiford D. Palmer
    1 lawyer answer

    I am guessing you are not yet divorced from this husband. Generally in Illinois, property acquired before marriage is non-marital property. However, if you are on the title to the home, perhaps following a refinance, or he simply placed you on the deed, the home will be considered marital property by Illinois courts. If it is marital property, you have an equal right to remain in the home as he does. If it is construed as his non-marital property, you still typically will have a right to...

    1 lawyer agreed with this answer

  7. What can I do to take away father's right to custody and visitation for his abuse against the children

    Answered almost 6 years ago.

    1. Kevin Lee Linder
    2. Raiford D. Palmer
    2 lawyer answers

    You will be required to cooperate with at least participating in the mediation. As for the DCFS investigation, I agree with Mr. Lindner regarding the "double-edged" nature of bringing claims with the agency. DCFS takes their role very seriously. As for children deciding whether they go to visits with a parent, there is no magic age short of 18 when they become adults. There is established law in Illinois that children do not have the right to decide whether they will participate in visits,...

    1 lawyer agreed with this answer

  8. I have a vehicle in my name only and will soon be seperating from her, does she have any legal claim to ownership

    Answered over 3 years ago.

    1. Raiford D. Palmer
    2. Adam Christopher Gynac
    3. J. Richard Kulerski
    4. Michael H. Cutler
    5 lawyer answers

    Title alone is not outcome-determinative. If you purchased the vehicle before marriage, and used money from before the marriage to pay for it, it may be separate property. If bought during marriage, it is presumptively marital property. Loan, title, etc. do not decide the outcome - a big thing is whether you bought it during the marriage and how it was done.

    1 person marked this answer as helpful

  9. How is spousal maintenance determined under IL laws?

    Answered almost 6 years ago.

    1. Raiford D. Palmer
    2. Peter LaSorsa
    2 lawyer answers

    Maintenance is determined under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), specifically a state law known as 750 ILCS 5/504. Many cases have been decided by Illinois Courts interpreting the law, and those cases are used by trial judges to determine maintenance using the specific facts of your case. It's more of an art than a science - two judges in the same courthouse, given the same facts, could order different maintenance. As for your specific case, without more...

    1 person marked this answer as helpful

  10. I have been married for 20 years and have a457 plan put up is my spouse entitled to it after divorce

    Answered almost 3 years ago.

    1. David Matthew Gotzh
    2. J. Richard Kulerski
    3. Raiford D. Palmer
    3 lawyer answers

    Assets earned during the marriage are subject to equitable division (perhaps but not always 50/50). So in this case, the marital portion of this plan would be subject to division - the part earned during the marriage. This can be determined two ways - by looking at all of the statements over the length of the marriage (usually difficult since most people don't keep the records and the investment firms don't retain them for that long) or by using the "Hunt" formula, where the length of the...

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