Sean Martin Mccumber's Answers

Hi..I filed my Green card(removal of conditions) march 2011 and its still under process my husband is forcing me for a divorce W

Richard is right - contact each type of attorney. You may have a claim for duress for the prenup issue. Also, you may still be eligible for status in the US, despite your husband filing for divorce. The key is getting proper legal advice that is specific to your issues. Good luck.

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Ex wants to enroll Lake County judgment in Kane. I still live in Lake where case was brought and determined.

Typically there needs to be more than just a petition to enroll, meaning that there should be a motion for something filed with it or on its way. I recommend that you speak to an attorney about the specifics of your case.

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How many time can I request a continuous?

Depending on how far into the case yes. If you are 12 months into the case, the Court may still give you time to hire an attorney, but may not move trial dates or so forth. However, Courts appreciate having attorneys involved who know the rules, so the Court may, in the interest of eventually moving the case along, grant the continuance.

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Can my ex determine how much child support I pay?

Your wife cannot dictate the amount of payment. The Court can order you to search for full-time employment, but they can consider your status. The State's Attorneys can be bulllies, but the Court is the boss, not them.

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My attorney made a $477.00 calculation error on my divorce settlement should I deduct from her fees?

Always talk to you attorney first and see if you can resolve the dispute. You absolutely have a right to reimbursed for expenses, but if you testified under oath and failed to catch the error prior to testifying, you might find yourself in a position of paying large sums of money to correct an error of $477.00.

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What reasons would a court agree to order one party pay for both sides legal fees?

The statute provides for the Court to consider awarding fees in certain situations. Simply if you earned more than him, the Court could award interim fees to him, but this is not as easy since the statute changed. If you are unsuccessful in your seeking custody modification and the Court believed you had an improper purpose in seeking to modify custody, it could award fees to your ex. Legal fees are a tricky area and are very fact-based.

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What should I do If I believe my kids are not safe with their mother - who has sole custody?

The safety of your children is always paramount. Contact an attorney to discuss the facts needed to modify your custody judgment, because these a fact-intensive issues. You may also have other remedies available to you under the law that you should investigate in a consultation with an attorney.

I have custody and my ex has visitation, am I able to move within the state of Illinois? Approx 115 miles away?

You should not need the Court's permission, but your move is definitely going to impact the visitation. Whether you have joint or sole custody matters slightly too, because most joint custody agreements include a mediation clause. The best advice is to speak to your ex, but have an attorney consultation with an Illinois attorney to prepare for the worst - a potential disagreement from your ex. This advice is general advice and not specific to your case.

How to get my wife out

As my learned colleagues stated above, the act addressing dissolution provides for requests for exclusive possession of the residence. You will have to show several factors to support your claim. Also, your wife's financial situation could be a factor the court does consider. You should contact your attorney on this issue, or contact one if you don't have one.

What to file for? annulment or divorce

As general advice, it sounds more likely that the parties will have to file for divorce. Of course, this answer does not account for possibilities under Colorado law. But, the mere fact that a couple cannot consummate the marriage does make it a marriage that can be declared invalid.