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Patrick Byron Markey
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Patrick Markey’s Answers

169 total


  • Married 25 years left him I have 5 children ages 18 and up 2 grandchildren 5yrs and 1 month. he wants to do a quick divorce.

    he wants a divorce through his lawyers at work and wants me to sign off on are pentions he works for a good company. I make a quater of what he makes working in a school I filed head of house hold this year so i could get finanical aide so my 18 y...

    Patrick’s Answer

    • Selected as best answer

    You need to hire your own lawyer. You can't afford to not have a lawyer. His lawyer cannot ethically represent both of you. You have a long marriage and issues of maintenance (alimony), asset and debt division I am sure exist. The court can award you interim attorney fees if you can prove you do not have an ability to pay your fees and he has the ability. Normally, if one of you can afford to hire an attorney, then both of you can.

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  • Want a divorce

    Ive been married to my wife for 2 months and seems like she arugues too much and we cant get along like before.....what are the best steps to take that doesnt cost me to divorce.....i have no kids by her and we rent

    Patrick’s Answer

    A lawyer can your case for a lower flat fee is you have no issues with your case and your wife agrees to divorce and has no issues. You can try filing on your own with court, but it will take you a lot longer to figure it out. It depends on how much your time is worth.

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  • Annulment and reimbursement for fraudulent marriage

    I entered into a marriage which was based on fraud, (my husband was not interested in seeking intimacy with a woman/wife and did not consummate the marriage with me and there is some speculation of incest between him, my brother in law and mother ...

    Patrick’s Answer

    Did you already receive your annulment? Generally, attorney fees are you responsibility. The court can order contribution to attorney fees and costs in an divorce, but not sure about annulment. I can look into it for you for a small fee.

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  • My ex-husband is in violation of our divorce decree for failing to make timely payments to the mortage on our marital residence

    We are both still on the mortgage as he was unable to obtain refinancing. The decree states I can force him to sell, is that wise in this market (owe more than value of property), are there other, better options, and what steps do I need to take t...

    Patrick’s Answer

    You need a divorce lawyer. It would be very wise to sell. Who lives in the house? You can look into a short sale.

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  • Is it safe to get divorce started on line uncontested divorce

    no more details been seperated for 11mo.

    Patrick’s Answer

    It worth the money to have an attorney do it for you in most cases

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  • Would a car payment be considered a 'Household expense'?

    My future ex was ordered (by the judge) to pay 'household expenses'. Would a car payment and associated costs (i.e. car insurance, maintenance etc...) be considered a 'Household expense'?

    Patrick’s Answer

    That's poor drafting whoever wrote the order. It could be interpreted either way not knowing any further facts.

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  • What is the actual date used for marital assets distribution in IL?

    husband and wife filed for divorce 2 years ago, wife has been gone for 2 1/2 years, in the meantime husband's 401k has increased, divorce still ongoing, would the 401k be distributed equitably as of date divorce is finalized? or when husband and w...

    Patrick’s Answer

    There is no cut off other than the divorce. However, anything is negotiable.

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  • What is the actual date used for marital assets distribution in IL?

    husband and wife filed for divorce 2 years ago, wife has been gone for 2 1/2 years, in the meantime husband's 401k has increased, divorce still ongoing, would the 401k be distributed equitably as of date divorce is finalized? or when husband and w...

    Patrick’s Answer

    There is no cut off other than the divorce. However, anything is negotiable.

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  • Do I Need attorney

    My wife is going to a lawyer for a first consoltation, Is it too late or do i need to get a lawyer. What can i expect for her to hear?

    Patrick’s Answer

    Not too late. You can wait until you receive a Petition for Divorce.

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  • Is inheritance protected or do I need a prenup?

    I will be inheriting money down the road (a few million). My fiance and I are getting married in Illinois. If I kept it in an account in my name, would it be protected in the case of a divorce or do I need a prenup?

    Patrick’s Answer

    It would be protected. However, there a lot of ways to screw that up. A prenup would make a lot of sense. You can explain it that the money is not part of the marriage anyway.

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