Michael C. Craven’s Answers

Michael C. Craven

Chicago Divorce / Separation Lawyer.

Contributor Level 11
  1. Filed my own divorce in Cook County. How do I testify on grounds of mental cruelty?

    Answered 30 days ago.

    1. Michael C. Craven
    2. Conor Edmond Malloy
    3. Wes Cowell
    4. Joseph Pierce O'Brien
    5. Gary L. Schlesinger
    5 lawyer answers

    If you qualify for irreconcilable differences you may wish to amend your Petition and prove the case up on those grounds. You can do it in court on the prove up date.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Mediation or signed agreement? Which stands?

    Answered 4 months ago.

    1. Michael C. Craven
    2. Judy A. Goldstein
    3. Peggy Margaret Raddatz
    4. Joseph Henry Sparacino
    5. Carol Ann O'Connor Cadiz
    5 lawyer answers

    The divorce decree signed by the judge is the one that is in force. If changes are to be made, a motion must be filed with the court and notice to you provided. There needs to be a legal basis to change the divorce decree. An error, under certain circumstances, may be corrected. Cases such as yours are very dependent upon the facts and you should consult a lawyer to help you.

    Selected as best answer

  3. Divorce and Prenuptial Agreement

    Answered about 1 month ago.

    1. Dean Taradash
    2. Michael C. Craven
    3. David Matthew Gotzh
    4. Judy A. Goldstein
    5. Joseph Pierce O'Brien
    6. ···
    6 lawyer answers

    I agree, there is no way you can waive child support in a prenuptial agreement. Doing so is against public policy and that provision would be voided. However, you can waive maintenance (spousal support), but there are situations where a waiver of maintenance may not be upheld. The fact that you did not have an attorney may be a factor in your favor, but all the relevant facts must be examined. See an attorney for legal advice.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My wife is seeing another man while continuing to live in our home. She wants a divorce. Can I get her out of this house?

    Answered 3 months ago.

    1. Gary L. Schlesinger
    2. Michael C. Craven
    3. Peggy Margaret Raddatz
    4. Joseph Pierce O'Brien
    5. Michael Scott Schiffman
    5 lawyer answers

    Under Illinois law you can ask for the right to exclusive possession of the home. However, a judge can order exclusive possession while a case is pending only if it is found that your or the children’s physical or mental well being is jeopardized by the two parties living together. This type of finding is based upon the facts of your case. I note that the burden of proof rests with you and it is not easy to prove. You should seek legal counsel to learn your rights and maximize your chances of...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Is there a form in Illinois which can be signed by a spouse waiving service of divorce papers?

    Answered about 2 months ago.

    1. Michael C. Craven
    2. Dean Taradash
    3. Alan James Brinkmeier
    4. Michael B. Dedio
    4 lawyer answers

    I agree, he needs to file an Appearance and pay the fee. The filing fee is set by the Clerk of the Court for the County.

    6 lawyers agreed with this answer

  6. Filed motion. Rule to show cause to hold in contempt per judgment orderd Jan 21 for arrearage of support (college). Does Ex pay

    Answered 3 months ago.

    1. Michael C. Craven
    2. Judy A. Goldstein
    3. Wes Cowell
    4. Janice Lea Boback
    4 lawyer answers

    A request for a continuance is allowable. Whether or not it will be granted is within the judge’s discretion. You have the right to challenge the request and the decision will be based upon the facts of your case. As for you second point, if you are asking that he be held in contempt for failure to pay, your ex must show that he lacks the ability to pay in order to avoid a finding of contempt. However, even if he is not in contempt, he still owes the money he was ordered to pay.

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  7. Served with Complaint for Modification. Filed Answer. Interrogatories??

    Answered 4 months ago.

    1. Michael C. Craven
    2. Judy A. Goldstein
    3. Wes Cowell
    3 lawyer answers

    You may serve Interrogatories as well as other forms of discovery until discovery closes. Since your case is in the early stages I assume you have time to issue discovery. Since discovery is an essential part of many cases, you may want seek legal advice to help you with the discovery.

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  8. Friend is in bankruptcy with his wife that he is wants to divorce. the attorney said no divorce during this time. (ILLINOIS)

    Answered 3 months ago.

    1. Judy A. Goldstein
    2. Conor Edmond Malloy
    3. Michael C. Craven
    3 lawyer answers

    There is no prohibition to getting a divorce while a bankruptcy is pending. However, in many cases it is advisable to wait, so your friend may consider accepting the advice of his chosen counsel. There is a prohibition on addressing certain issues in a divorce while bankruptcy is pending and as a result, many divorce cases are put on hold by the divorce court while the bankruptcy case is active. There are exceptions for issues such as child support and maintenance. In these situations it pays...

    5 lawyers agreed with this answer

  9. If we are filing Pro Se in an uncontested divorce, who would be the "counsel" on the Certification & Agreement by Counsel form?

    Answered 3 months ago.

    1. David Matthew Gotzh
    2. Michael C. Craven
    3. Gary L. Schlesinger
    3 lawyer answers

    As long as you sign it as a party you can simply state Pro Se in the section for attorney.

    5 lawyers agreed with this answer

  10. What is time limit to modify a Settlement Agreement and Judgment if one party lied about value of business?

    Answered 3 months ago.

    1. Peggy Margaret Raddatz
    2. Michael C. Craven
    3. J. Richard Kulerski
    4. Shane Michael Carnine
    4 lawyer answers

    Although you need to immediately consult with an attorney about your options, the likely path is not modification. You may possibly have the ability to seek vacation of the divorce decree. However, the right to do so is very limited and requires that one exercise due diligence. Such requests must be made within two years of when you knew or should have known of the acts that warrant vacation. You may have passed the date or it may be fast approaching. These types of cases can be very expensive,...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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