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Patrick Byron Markey
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Patrick Markey’s Answers

169 total


  • Decisions

    I am going to seed a lawyer for information on a separation from my husband. What can I expect for this lawyer to tell me. I am still unsure of what I want to do. Will he influence me to make a decision right away to either stay with him or start ...

    Patrick’s Answer

    You should go and see at least two. No lawyer will tell you the exact same thing as another lawyer.

    See question 
  • Legality of changing locks on residence.

    Husband has not lived at residence for at least (wasn't really counting in beginning, just relieved) a year and still comes in the home whenever I am away at work. He literally waits for me to leave so that he can come in the home. Called me one...

    Patrick’s Answer

    You should file for divorce immediately. This is a tricky situation. He has a right to possession, but has been gone for over a year. Only a divorce court can give you possession. If his name is not a title then you have more right to change the locks.

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  • My husband and I are separated. Our three children live with me. He was keeping them every Friday and Saturday.

    Then for some reason he couldn't so I said then lets agree on every other weekend. We agreed it's his weekend to keep the girls now he's saying that he can't that he was invited to a spiritual conference. How should I handle this

    Patrick’s Answer

    Are you going to get divorced? You can't force him to take your kids even in the context of being divorced. However, you could negotiate in your divorce decree that he pay for child care on the days he is supposed to have them and does not take them.

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  • Husband wants a divorce after only a year. What to do?

    My husband and i have been married for a year on the 14 of feb. and it seems like since he has been acting really funny. He tells me 2weeks ago that im not there for him emotionally and i explain to him that im stressed but i will try to do better...

    Patrick’s Answer

    The Judge will allow someone to get divorced if they want to get divorced. They will not order marital counseling unless it was by agreement and only usually do that in the context of child custody cases.

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  • What happens if you have sex with your husband while he is still under the order of protection?.

    My estranged husband wants to have sex while he is still under the order of protection. He is being very nice to me the last 4 weeks. He is currently under a 2 year order of protection which expires this July 2011. Could he be up to something?

    Patrick’s Answer

    Probably.

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  • If i have a pending lawsuit and get a settlement after the divorce is finalized, is my ex entitled to any of the settlement?

    Lawsuit has nothing to do with ex.

    Patrick’s Answer

    He is not entitled to it unless the divorce decree says he is entitled to it. It's likely a marital asset even though you have not received the money yet. It is something to negotiate. I also rarely see court's award 50/50 on these types of assets.

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  • Married 28 years, just purchased home (1 Year ago), now a divorce. I would like out even with the home, what can I do?

    Please advice, this is very frighting for me. In Chicago.

    Patrick’s Answer

    Sorry to hear about your situation. You will need to do a full hour plus long consultation with an attorney to get the right advice.

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  • Im going through a divorce and my soon to be ex decided to hire an attorney, I dont have one. We agreed upon terms.

    Now shes refusing to pay the balance of her legal fees. I pay her child supoort, can i pay her lawyer off instead of paying her child support? or Can I petition the judge to make her pay to finalize?

    Patrick’s Answer

    You should hire an attorney.

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  • Under what circumstances can a spouse claim "desertion" for divorce purposes

    my husband is unemployed running out of benefits and not actively seeking employment. We have used up all our savings, our retirement fund. no longer have health insurance. I am not physically able to work husband refuses to talk with me about ...

    Patrick’s Answer

    You have probably realized that you should get divorced. Marital misconduct does not factor into dividing property and debts. There is a chance the court could allocate more or all of the debt to him. Let me know if you want advice on how to start the process of divorce.

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  • What do one need to do to get out of a 3 month "wrong" marriage, in cook county IL?

    Just discovered the marriage is for the wrong reason

    Patrick’s Answer

    You will need to get divorced.

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