Skip to main content
Wes Cowell

Wes Cowell’s Answers

3,196 total

  • 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.

    See question 
  • 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.)

    See question 
  • My gf told me she was 17 i have proof and im 22, we had sex and now her ex is threatening to get the cops invovled am i screwed

    im 22 with proof my ex told me she was 17 which i read somewhere i can be safe i i had a reason to believe she was 17, and another place said that if she is between 15 and 17 i am ok as long as im not 10 years older than her

    Wes’s Answer

    Age of consent in Illinois is 17. You're safe.

    See question 
  • Invalid petition for divorce?

    In a divorce action, if the petition states a marriage that never took place, how hard is it to overturn, and does it affect the courts's jurisdiction? Is there a time limit for challenging the defect?

    Wes’s Answer

    Wait, Someone filed a divorce case for a marriage that never happened? Is that what you'r esaying? If that's the case, there's not much left for the court to do.

    Is there somehting else going on, here?

    See question 
  • How useful/enforceable are Prenups in Illinois?

    Hi all, I have spoken to two IL family law attorneys about how useful/enforceable/"water tight" prenuptial agreements are in the state of IL and received somewhat contradictory advice: One attorney told me that they are pretty mu...

    Wes’s Answer

    the first attorney is right. Prenups can be very flexible and very enforceable.

    See question 
  • Ex ordered to pay attorney fees of 7000.00. He filed bankruptcy ch 13 and the amount was discharged. Must I pay the amount now?

    I took my ex husband back to court because he owed me about 5000.00 in child related expenses. He fought it in court and ultimately was ordered to pay the 5000.00. The catch is he drug it out in court and my attorney fees were almost 10,000.00 ...

    Wes’s Answer

    Child support is not discharged in bankruptcy . . . neither are attorney fees related to collecting support. Call your lawyer and ask them to object to the discharge -- they'll win and your ex will STILL have to pay the fees.

    If you just let this all slip by for the period during which the bankruptcy was being paid off, then you may be out of luck. If you just learned of it and your attorneys knew all along and did nothing, then they may very well have to live with the fact that they won't get paid when they really should have.

    See question 
  • Can i the non-custodial parent file my daughter on my taxes?

    My daughter will be 8 years old this year, ive been paying child support for a little over a year. However, before we went to court the first 6 years i gave my daughter mom money every month via money orders. She has filed her every year and ive...

    Wes’s Answer

    If Mom has custody, you can't just file and claim your daughter as a dependent. You MAY, however, go to court to try to change that. You obviously should work with an attorney. Call some lawyers.

    See question 
  • If parties are married in a foreign country can there be a valid divorce in the United States

    If parties are married in a foreign country, such as Canada, Korea, Japan, Germany or England, can there be a valid divorce in the United States and if they are divorced in the United States, including by a consent agreement, does that...

    Wes’s Answer

    If you're a resident in Illinois 90 days prior to the conclusion of your case, then yes, you may divorce in Illinois. Once that's done, you take the judgment back to the mother country and do what you must to get that country to recognize it. Start by hiring a lawyer.

    See question 
  • I married a Russian guy I thought loved me but now I find out was just using me to get his green card.

    His previous wife divorced him for abuse and he would have gone back to Russia but he told me he was madly in love with me and wanted to marry me. I married him however he had no money so he couldn't buy me a ring, and we had no formal reception....

    Wes’s Answer

    No, you can't divorce him "secretly;" but, what are you worried about? He's a philandering, lying drunk. It's obvious no good will come from remaining married to him. Hire a lawyer and get divorced? What's the quandary? The sooner you start, the sooner you'll be protected from his damage. Call a lawyer, today.

    See question 
  • Is it possible to get sole custody years after a divorce is finalized?

    My divorce has been finalized for just over 4 years. The joint parenting agreement is no longer working, and the noncustodial parent is refusing to abide by the terms despite mediation . This is causing strain on the children. Is it possible to se...

    Wes’s Answer

    Family law attorneys deal with this stuff all the time. Changing custody, though, is probably not the beat way to proceed. Talk with a lawyer before you set your objective and plan your strategy. iIcluding a lawyer from the beginning will almost certainly make a better final result for the kids.

    See question