Patrick Byron Markey’s Answers

Patrick Byron Markey

Chicago Divorce / Separation Lawyer.

Contributor Level 12
  1. If I vacate my divorce judgement, does that mean I am married again?

    Answered almost 5 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    Yes, it would. However, it is difficult to vacate a Judgment after 30 days. Duress is hard to prove. There is duress in every case.

    2 people marked this answer as helpful

  2. I got married in chicago on august 15 of last year. two weeks after the marrage the wife started arguing and acussing me of t

    Answered about 5 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    If you have no children and no property it makes the case much easier. Sounds like you should get divorced. You do not need a good reason to get divorce, but it should like you have one anyway. It does not sound like an alimony case either since both of you are on ssi and don't work (plus the marriage is short). Call me if you would like to discuss it further.

    1 lawyer agreed with this answer

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

    Answered over 3 years ago.

    1. David Matthew Gotzh
    2. Patrick Byron Markey
    2 lawyer answers

    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.

    1 person marked this answer as helpful

  4. How many years after being married can a spouse demand support. no property or children added to this union,

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. J. Richard Kulerski
    3. Patrick Byron Markey
    3 lawyer answers

    They can always ask, the issue will be will they receive any support.

    1 person marked this answer as helpful

  5. What types of questions are asked from the judge and lawyers for petitions for temp maintenance and legal fees

    Answered almost 4 years ago.

    1. Patrick Byron Markey
    2. J. Richard Kulerski
    3. Alan James Brinkmeier
    3 lawyer answers

    If you have an agreement, the will likely ask you about the agreement. A trial is something completely different.

    1 person marked this answer as helpful

  6. Harassment

    Answered about 4 years ago.

    1. Alan James Brinkmeier
    2. Patrick Byron Markey
    3. David Matthew Gotzh
    4. J. Richard Kulerski
    4 lawyer answers

    I would have to seek the petitions, however, you can seek Rule 137 sanctions if your spouse is filing frivolous petitions. If non of the items are addressed in the divorce decree and it has been 4 years, it sounds frivolous.

    1 person marked this answer as helpful

  7. I have a friend (seriously) who is in the process of getting a divorce

    Answered over 4 years ago.

    1. Patrick Byron Markey
    2. Lisa Marie Giese
    2 lawyer answers

    They should not be using the same lawyer. It is a conflict of interest for one lawyer to represent two parties to a divorce. He is probably representing himself which is not a good idea. He needs to consult a lawyer who can give him advice on what he should pay or not pay. All divorce cases are fact specific so I could not say whether he owes her any money for anything. However, it is very possible. Have him call me if he would like to discuss his situation.

    1 person marked this answer as helpful

  8. Can I change my divorce courthouse and judge?

    Answered over 4 years ago.

    1. Patrick Byron Markey
    2. Kevin Lee Linder
    2 lawyer answers

    You have the right to change judges before they enter any substantive orders. It appears the court has rules on some substantive issues. You can also move for change of judge for cause, but that is very difficult. Call me if you would like to discuss your situation in more detail.

    1 person marked this answer as helpful

  9. If a couple breaks up and has debt together are they both resposible for the debt?

    Answered almost 5 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    Sorry to hear about the situation. She could possibly file a small claims/civil case against him for breach of contract (oral) that he would pay her back. She should go the 6th floor of the Daley Center to file that.

    1 person marked this answer as helpful

  10. Will the father be able to keep a 3 month old over night if nursing? can i get a court order for the father not to smoke?

    Answered almost 5 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    You can probably get an order for no tobacco especially if you have documents from your doctor saying no tobacco. Overnights is not common for a child that small. There is no rule prohibiting it. I can't see why anyone would want overnight anyway with a child that small. Supervised visits for a the first few months might be appropriate as well. Call me if you wold like to discuss your case or if you need help getting those orders.

    1 person marked this answer as helpful

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