Patrick Byron Markey’s Answers

Patrick Byron Markey

Chicago Divorce / Separation Lawyer.

Contributor Level 12
  1. Can i file a divorce by publication if i cant find my wife?

    Answered over 4 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    Yes you can. The court will need testimony from you that you have done everything in your power to locate your wife. The court will grant you a divorce, but they will not distribute property or deal with the issues of spousal support or any children issues until your wife is located. Call me if you would like help getting divorced.

    1 person marked this answer as helpful

  2. Is it true that a marriage between a US Citizen who is married to an undocumented individual not constituted as a real marriage?

    Answered over 4 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    It is a valid marriage even if the person is undocumented. That does not make it invalid.

    1 person marked this answer as helpful

  3. Can I get a divorce even if my husband refuses to sign the divorce papers?

    Answered over 4 years ago.

    1. Patrick Byron Markey
    2 lawyer answers

    Yes, you do not need his consent to get divorced. The first step is to hire an attorney who will file a divorce petition for you. Then, the attorney will have him served with the papers. He has 30 days to respond, if he does not, then you can get divorced by default. If he does respond, then the two of you either settle your issues or have a trial where a judge will decide the issues of custody, child suppport, property/debt division, etc. Call me if you would like to discuss your options.

    1 person marked this answer as helpful

  4. Can I get a divorce even if my husband refuses to sign the divorce papers?

    Answered over 4 years ago.

    1. Patrick Byron Markey
    2 lawyer answers

    Yes, you do not need his consent to get divorced. The first step is to hire an attorney who will file a divorce petition for you. Then, the attorney will have him served with the papers. He has 30 days to respond, if he does not, then you can get divorced by default. If he does respond, then the two of you either settle your issues or have a trial where a judge will decide the issues of custody, child suppport, property/debt division, etc. Call me if you would like to discuss your options.

    1 person marked this answer as helpful

  5. Split QDROS Between a Husband and Wife?

    Answered over 4 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    The portion of the retirement acquired during the marriage is generally divided equally (50/50). Thus, if you both had a 401(k) worth the same amount, then you would each keep your own. If one has more, then we enter a special court order (QDRO) to transfer some money to the other spouse to even the retirement out. Call me if you would like help with this.

    1 person marked this answer as helpful

  6. Im married and want to leave my husband he is abusive can i move out of state with my child and file in another state

    Answered over 4 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    It is not a good idea to move out of state before the divorce unless he lets you go. The home state for divorce purposes is where the child resided for the last 6 months. So, he could file in IL and keep the case here if he files within 6 months of you leaving. Better to file for divorce and seek removal during the divorce case. Removal out of state is difficult and the burden is on you to show it is in the child's best interests. Call me if you would like to discuss it further.

    1 person marked this answer as helpful

  7. I want to divorce my husband - he makes half the $$ I make can he force me to sell the house and will I have to pay him alimony

    Answered almost 5 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    Alimony is based on a number factors. A three year marriage is short, so that would cut against his alimony argument. However, I do not know what you or he earns to make a judgment. You can seek custody of your child. He could force you to sell the house under certain circumstances if the house is found to be marital property. Call me if you would like to discuss it further. I cannot answer your questions without getting more facts from you.

    1 person marked this answer as helpful

  8. Retroactive childsupport from the date of birth.

    Answered almost 5 years ago.

    1. Patrick Byron Markey
    1 lawyer answer

    Hello. This is a good question. If your Petition sought retroactive to date of birth, the Judge should have held a hearing on the issue. As you suggested, one relevant factor for the Judge to consider is the contact/knowledge the father had with a child. I do not know if that was presented. Another issues is whether he supported the child at all. If he had made payments here and there for 16 years and you didn't go to court seeking child support, the court would view that negatively for...

    1 person marked this answer as helpful

  9. 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.

    Answered about 1 year ago.

    1. Ibraheim Nidal Shalabi
    2. Patrick Byron Markey
    3. Wes Cowell
    4. Laura Diane Horner
    4 lawyer answers

    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.

  10. Can I get an order of protection vacated from my pending divorce?

    Answered over 2 years ago.

    1. J. Richard Kulerski
    2. Gary L. Schlesinger
    3. Patrick Byron Markey
    4. Bruce E. Burdick
    5. Timothy P. Flynn
    5 lawyer answers

    Do you mean the OP was terminated and not vacated? There are ways to possibly still have the order vacated.

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