Tanya Witt’s Answers

Tanya Witt

Divorce / Separation Lawyer.

Contributor Level 8
  1. I would like to take my kids to my home country to visit this summer for two weeks. However, kids' father won't let us go.

    Answered over 2 years ago.

    1. Matthew Brett Moore
    2. Tanya Witt
    2 lawyer answers

    If the court order states that both parents have to agree but you do not want to have to plead with your children's father, your best option may be to seek a modification of the court order. You could request his permission and if he does not grant it, then seek a modification of the order. Consult with family law attorneys in your county to assess whether you have a strong case for modification.

    1 person marked this answer as helpful

  2. Backing out of a home purchase contract grace period

    Answered about 5 years ago.

    1. Tanya Witt
    1 lawyer answer

    You state that you have signed a purchase contract. The terms of the contract you signed dictate upon which grounds you may cancel the contract without incurring liability. For example, some contracts state that if the buyer is unable to obtain a mortgage at or under a specified interest rate within a specified period of time, she may give notice to the seller of such, cancel the contract and receive a refund of her earnest money. Often purchase contracts include an inspection period...

    1 person marked this answer as helpful

  3. Do I mention in the petition for dissolution that there are arrangements through a prenup?

    Answered over 3 years ago.

    1. J. Richard Kulerski
    2. Tanya Witt
    2 lawyer answers

    1. You state the grounds for the dissolution of marriage ("divorce") is mental cruelty. If your case warrants it, you should allege an alternate ground such as irreconcilable differences. Irreconcilable differences does require a 2-year separation. The 2-year separation requirement can be waived by both parties and then the separation requirement is 6 months from the date of the judgment, which is the date the divorce is finalized. 2. You state that the prenuptial agreement concerns...

  4. I relocated to Chicago from Denver and am risking job loss as I am not performing up to owners standards for other co.

    Answered almost 5 years ago.

    1. Tanya Witt
    1 lawyer answer

    I believe you are stating that you signed an employment contract to work for Company B. As part of that employment, you relocated to Chicago. At some point, the owner of Company B has insisted that you sell Company A, which was not part of your employment contract and is now threatening to terminate you from Company B if you do not sell Company A. Illinois is an employment-at-will state which means that usually an employmer may terminate an employee for any reason other than for an unlawful...

  5. Can I withhold my children from my ex-wife if we have joint custody, but I have physical custody? Can I be arrested?

    Answered about 5 years ago.

    1. Tanya Witt
    1 lawyer answer

    The best course of action for you is to retain an attorney and immediately seek a modification of the custody order. The court will decide what is in your daughter's best interest regarding visitation. I sense an urgent tone in your posting. If a child's safety or wellbeing are at risk when she stays with her mother, the father's attorney should be able to get a hearing before a court quickly. Disclaimer: This answer is only provided as a public service and as a general response to a general...

  6. My husband recently purchased a home and I was not on the deed. We have a child together. We are now separating. Who gets home?

    Answered about 5 years ago.

    1. Tanya Witt
    1 lawyer answer

    The issue is whether this new home is the marital home and thus "marital property". A court will decide if it is marital property and whether it is in the best interest of the children for them to remain in the home and for your husband to be the one to move out. Even if your name was not listed on the deed, if you were married at the time the home was purchased and if the intent of you and your husband was for this to be your home (and not just an investment property), a court may decide the...

  7. Regarding marital home

    Answered about 5 years ago.

    1. Joseph Andrew Harrison
    2. Tanya Witt
    3. David C. Ansani
    4 lawyer answers

    It is not a good idea to unilaterally decide to circumvent a court order. It sounds as if the court ordered you to pay alimony and for her to pay the mortgage. You should both be complying with the court's order. Often if one ex-spouse is to remain in the home that individual is ordered to refinance and remove the other ex-spouse from the mortgage note. If that was not part of the order a person might be able to go back to court and ask to modify the situation. Ideally, the party paying the...

  8. Do I need a family lawyer?

    Answered about 5 years ago.

    1. Tanya Witt
    1 lawyer answer

    Did the court's order that you received 9 years ago discuss medical expenses and coverage for your daughter? That is an important area that usually is covered as part of a divorce and child custody order. Perhaps he was ordered to pay for all or part of her necessary medical expenses. Another possibility is that in the 9 years since your situation has changed and it may be time to revisit the matter. An attorney can help you determine if your daughter may be entitled to more financial...

  9. What can a previous employer legally say when asked for a reference from a prospective employer in the state of IL

    Answered about 5 years ago.

    1. Tanya Witt
    1 lawyer answer

    Section 10 of the Illinois Employment Record Disclosure Act (745 ILCS 46/1 et seq.) (the “Disclosure Act”) generally provides immunity to an employer who provides truthful information about a current or former employee’s job performance in response to an inquiry by a prospective employer. That immunity can be removed by proving the employer's disclosure contained knowingly false information about the employee’s performance or was “in violation of a civil right of the employee or former employee....

  10. Can you file a suite against your employer for defamation.

    Answered about 5 years ago.

    1. Tanya Witt
    1 lawyer answer

    Typically, employment is "at will" and employers may terminate employees for any reason except an unlawful reason. Terminating an employee because of his or her race, gender, age, disability, or pregnancy are unlawful reasons. It is also unlawful to terminate an employee in retaliation for the employee reporting certain illegal conduct of the employer. As for your question regarding defamation, an attorney would need to review the letters you reference and collect more facts before rendering...