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Patrick Byron Markey
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Patrick Markey’s Answers

169 total


  • What can I do so my boyfriend will stay away from my job and for me to be sure I'll be able to walk out with my son.

    I have a 3 year old child with my boyfriend of five years . I am trying to separate from him because he is really insecure and not trustworthy . He tells me if we separate I will not be taking my son with me and he will make sure I loose my job ...

    Patrick’s Answer

    You may have a case for an order of protection. Your situation sounds complicated, so it's best you consult a lawyer right away. You will probably need a judge to deal with your child related issues and your boyfriend.

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  • With divorce if there is credit card debt in one name are both responsible?

    married 12 years, no children just filed

    Patrick’s Answer

    If the debt was acquired during the marriage, it is marital debt and can be allocated to either party by the divorce Judge. However, its never that simple and anyone answering would need more information before they could give an opinion either way.

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  • I have been separated for almost 8 years, we have a daughter, can our divorce be finalized quickly?

    We filed for divorce 61/2 years ago after thousands of dollars and time spent nothing was concluded, we have been separated for 8 years and would like to finalize the divorce. We have a daughter whom we've shared custody with for the lenght of se...

    Patrick’s Answer

    Many people would like their case over quickly, but have not agreed on all the items necessary for a Judge to approve a divorce. You should consult a family law attorney and find out if you have addressed every issue with your spouse.

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  • What is the difference between annulment / divorce?

    My husband and I have been married almost 3yrs. We have come to the conclusion that marriage isn't for us. We live in Illinois. What is the process/ procedure?

    Patrick’s Answer

    You sound like a candidate for divorce not annulment. The hardest part is coming to an agreement on financial issues (disposition of property and debts). Do you have children? Consult a family lawyer to help you get it done. Most will charge a flat fee if your case is uncontested meaning you both agree on all issues.

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  • Would I be required to pay spousal support in the event of a separation instead of a divorce?

    I am a 32 year old female married to a 50 year old man. We have been married for 3 years. My husband has not worked during our marriage (he quit his job about 4 weeks before we got married). I worked the first 2.5 years and am now unemployed. ...

    Patrick’s Answer

    You should probably be thinking of divorce and not a legal separation. What are your reasons for seeking a separation and not divorce? Do you have an income? You would need income in order to be ordered to pay support. I would need more facts.

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  • My spouse and I want to continue our divorce pro se.What documents need to be filed and in what order?Do we use the same forms ?

    Or do we use separate? Our divorce has been filed in cook county IL.

    Patrick’s Answer

    If you have an agreement on all issues, a lawyer can prepare all the docs to get your divorced for a reasonable fee. You'll need a Judgment for Dissolution of Marriage to a get divorced. A two-year waiver (available online), a certification of agreement form (available online). There are other steps involved in the process, but those are the basics.

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  • My wife wants a divorce, wants me out of the house, but still wants me to pay for everything because she doesn't have a job.

    I'm the only provider for the family and we have two children. What can I do? She is the type that gets angry very easily. I do not want our kids hurt.

    Patrick’s Answer

    You should consult a divorce lawyer if divorce is imminent. You should not move out of the house unless it does by agreement after speaking with an attorney.

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  • In need of a pro bono divorce attorney who is willing to face one of Chicago's Biggest Divorce Attorneys and his daughter!

    My situation is very strange and I need major help. My ex-wife who I divorced 5 years ago was awarded our old home. Well she foreclosed that home and defaulted on all utilities but never even after 5 years removed my name from the home or util...

    Patrick’s Answer

    I agree that this does not sound like a pro bono case. Without knowing more facts, Judges generally enforce court orders (like your divorce Judgment) based on what is written in the agreement. If it says she needs to indemnify you for utilities, then the court the court would likely make her pay. You haven't stated what her argument for no paying would be. Having a father who is a high profile attorney probably won't help her. Did her father represent her in the divorce?

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  • How do I subpoena my former husband's W-2's and 1099's?

    This is the first year my former husband and I are supposed to exchange these documents, as stipulated in our MSA. (He would not agree to showing me his tax returns.) How do I subpoena this information, or get 3rd party confirmation that the t...

    Patrick’s Answer

    You will need to go back to court to force him to turnover the documents he agreed to in the MSA. The request is callled a Petition for Rule to Show Cause. You should have an attorney help you. The court can order him to pay some or all of your attorney fees for having to go back to court. Sometimes just the threat or a letter from an attorney can get him to comply.

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