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Wes Cowell

Wes Cowell’s Answers

3,194 total

  • Can I request a change in Judge or lawyer during a divorce trial?

    I am unhappy with the direction my case is going in. I am the defendant, and I want to know if I have a right to request a change in Judge and am I able to change lawyers as well?

    Wes’s Answer

    • Selected as best answer

    The heading in your question says "during a divorce TRIAL." Are you really in "trial?" Have witnesses been sworn and you're now in the process of examining witnesses and admitting documents into evidence? Really? And you want to change lawyers NOW?

    I think you've just got a divorce case going on and you want to change lawyers . . . and maybe the judge. Both can be done.

    You may change lawyers whenever you want (even during trial). You may change judges only up to the point where the judge hears and rules on some substantive issue in your case. You don't get to "test the waters" with a judge and, once you decide you don't like how she rules, then change the judge. You may, as of right, change your judge prior to any substantive ruling. After that, you're stuck unless you can show bias.

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  • I have sole custody. He has visitation on alt wknds. I am engaged to a man out of state & wish to move. What can I do?

    My order was made 5yrs ago. I met my fiancé 4yrs ago & now we travel monthly to see each other. He's asked me to marry him & I said yes. However, I'm afraid the order will prevent me from moving forward with my life because he lives in another sta...

    Wes’s Answer

    You may marry and relocate, no problem. Taking the child with you is another story.

    You have published very little, here -- certainly not enough for us to be able to answer your questions. Pick up the phone and call a lawyer. It's possible to relocate with the child, bu tit will take a lawyer's help/ You can plan on many months in court, so get started now . . . by calling a lawyer.

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  • Can my ex claim right to move back into home years after divorce?

    I have been divorced for 4 years. I bought a home with my ex and both our names are on the title. She moved out and stopped paying within a month of the divorce date. I have now been paying the mortgage. i could not sell or refi beacuse there was ...

    Wes’s Answer

    Wow is this case ever messed up!! Did you use a lawyer when you got divorced, or did you DIY?

    Get your papers together and call a lawyer right away.

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  • Service/Notice question. Family Court

    In Illinois, is it possible to serve/give notice of a motion while in the courtroom? And/or to file it with the circuit court while in the courtroom? I understand two days notice is required, Im not be asking to have it heard the same day as servi...

    Wes’s Answer

    You should ask your lawyer to handle the filing and service of motions. This isn't something you need to worry about.

    If you don't have a lawyer, you need one.

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  • A three month old arrest warrant

    my wife and I (who were separated at the time) had a domestic altercation that got physical. The police were called but I had left the place where she was staying. DCFS got involved and I found out later 3 months later that they placed a warrant f...

    Wes’s Answer

    No. The fact that they haven't picked you up yet will have no bearing on later plea negotiations.

    hire a lawyer.

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  • May I ask for the amount of Child Support to be lowered?

    My future ex husband changed jobs. There is not a single day where he doesnt come pick up his son without reminding me that he doesnt make enough money and that his money isnt enough to pay his bills. My son was born extreamly premature at 24 wee...

    Wes’s Answer

    You shouldn't have to deal with this "nonsense." Work with a lawyer.

    I don't get why you want to reduce support. What gives? Are you saying your former spouse is harassing you into complying with his request to reduce support? Why did he change jobs?

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  • Can a felon's parental rights be terminiated in Illinois solely for being a felon?

    My daughter is currently in a federal prison. She and her ex-husband have a 8 year old child. He has since remarried (to another felon). Her child's stepmother is filing to terminate her parental rights and adopt the child because - apparently ...

    Wes’s Answer

    If the felony was committed against the child, then that can be a basis for terminating parental rights. The State, not individuals (not even stepmoms), terminates parental rights.

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  • Got married in '01 (was pregnant). Left in '02 (he was on drugs). He disappeared. Can I file myself and just be done with it?

    I am a single mom, he has no relationship with my son, no support ever, I don't even know where he lives but I know he's had two more children because his mother has custody. She doesn't know where he is either, he abandoned those children as well...

    Wes’s Answer

    You CAN get divorced and it doesn't have to cost more than a few hundred dollars. THe link below has more info,.

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  • I have a pending mesh implant settlement, but still waiting. Is my husband entitled to any of my portion if I file for divorce?

    I am included in the lawsuits against a mesh company. I have not received anything nor know what, if any, amount I will receive. My husband an alcoholic and is never around for me or his son. We have been together 22 years and I just can't do thi...

    Wes’s Answer

    If the need for your implant arose, and the surgery took place, during the marriage, the settlement will be considered marital property and subject to division. The court can do your divorce and just reserve the issue until your award comes through.

    The court must consider certain factors when dividing marital property. Those factors are laid out in the law. One of them is your health and medical needs. Another is the amount that each of you contributed during the marriage.

    Work with a lawyer.

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  • My ex told me she was 17 but i just found out she is 16, i am 22, sorry i wasnt specific with my last post

    I am 22 i live in illinois

    Wes’s Answer

    You're looking at a class 2 felony charge but you have a defense. Hire a lawyer. Here's the law, including the defense:

    (720 ILCS 5/11-1.50) (was 720 ILCS 5/12-15)
    Sec. 11-1.50. Criminal sexual abuse.
    (a) A person commits criminal sexual abuse if that person:
    (1) commits an act of sexual conduct by the use of

    force or threat of force; or
    (2) commits an act of sexual conduct and knows that

    the victim is unable to understand the nature of the act or is unable to give knowing consent.
    (b) A person commits criminal sexual abuse if that person is under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who is at least 9 years of age but under 17 years of age.
    (c) A person commits criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is less than 5 years older than the victim.

    (720 ILCS 5/11-1.70) (was 720 ILCS 5/12-17)
    Sec. 11-1.70. Defenses with respect to offenses described in Sections 11-1.20 through 11-1.60.
    (a) It shall be a defense to any offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.
    (b) It shall be a defense under subsection (b) and subsection (c) of Section 11-1.50 and subsection (d) of Section 11-1.60 of this Code that the accused reasonably believed the person to be 17 years of age or over.
    (c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.
    (Source: P.A. 96-1551, eff. 7-1-11.)

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