Michael C. Craven’s Answers

Michael C. Craven

Chicago Child Custody Lawyer.

Contributor Level 12
  1. My husbands attorney filed for divorce and mailed me the summons and offered to file my appearance... Is this unethical?

    Answered 3 months ago.

    1. Michael C. Craven
    2. Judy A. Goldstein
    3. Anthony Robert Scifo
    4. David Matthew Gotzh
    5. Jeannie Marie Ridings
    6. ···
    6 lawyer answers

    This is not an uncommon practice before serving someone. However, you should take the papers to a family law attorney to discuss your case and strategy.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Filed my own divorce in Cook County. How do I testify on grounds of mental cruelty?

    Answered 7 months 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

    2 people marked this answer as helpful

  3. After a divorce is finalized, what does "REPORT OR RECORD OF PROCEEDINGS FILED" mean?

    Answered 5 months ago.

    1. Michael C. Craven
    2. Brian Michael Radke
    3. Peggy Margaret Raddatz
    3 lawyer answers

    At the final prove-up hearing a court reporter transcribed the proceedings, taking down the questions and answers for the hearing. The transcript of it was filed with the court. It is wise to keep a file stamped copy in your records.

    Selected as best answer

  4. Me and my wife have not been married long but I want to know if I'm entitledto compensation

    Answered 3 months ago.

    1. Michael C. Craven
    2. Joseph Pierce O'Brien
    3. Michael Scott Schiffman
    4. Michael B. Dedio
    5. Jeffrey Scott Keller
    5 lawyer answers

    It depends on the type of settlement, personal injury, employment, etc. Also important is when did the claim arise, before or during the marriage? There is not enough information to answer your question.

    7 lawyers agreed with this answer

  5. In Illinois if I'm getting divorced pro se and papers are already filed in courrt and I have a court date set,can I hand deliver

    Answered 4 months ago.

    1. Michael C. Craven
    2. Roger William Stelk
    3. Gary L. Schlesinger
    4. Robert Ricci
    5. Jeffrey Scott Keller
    5 lawyer answers

    Yes so long as you follow the rules.

    7 lawyers agreed with this answer

  6. I have a text message of my wife confessing adultery. will that suffice as evidence?

    Answered 4 months ago.

    1. Michael C. Craven
    2. Judy A. Goldstein
    3. Michael B. Dedio
    4. Alan James Brinkmeier
    5. Anthony R. Chi
    6. ···
    8 lawyer answers

    Although adultery is a ground for divorce, it does not help improve the outcome. The division of your property and any terms regarding custody are not affected by the adultery. You likely have less confrontational grounds for divorce that you may want to consider.

    7 lawyers agreed with this answer

  7. Do I need to re-file for divorce out of Cook county?

    Answered 5 months ago.

    1. Gary L. Schlesinger
    2. Michael C. Craven
    3. Elizabeth Abouchar Homsy
    4. Dean Taradash
    4 lawyer answers

    You can proceed in Cook County with the case by publication.

    7 lawyers agreed with this answer

  8. Mediation or signed agreement? Which stands?

    Answered 9 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

  9. Divorce and Prenuptial Agreement

    Answered 7 months 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

  10. 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 8 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

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