Amy Spector’s Answers

Amy Spector

Belleville Family Law Attorney.

Contributor Level 5
  1. Do I need a lawyer for a divorce?

    Answered over 2 years ago.

    1. Judy A. Goldstein
    2. J. Richard Kulerski
    3. Peggy Margaret Raddatz
    4. David Matthew Gotzh
    5. Amy Spector
    5 lawyer answers

    You will be best represented if you consult a lawyer. Even if you believe you and your husband have agreed upon all issues, such as custody, visitation, child support, maintenance and the distribution of your properties and debts, I would recommend consulting with an attorney in your area to either prepare the paperwork to be filed with the Court, or to review and approve the paperwork you and your husband have prepared. Please let me know if you have any other questions that I might be...

    3 lawyers agreed with this answer

  2. In Illinois is there a required length of a marriage before an adoption is possible?

    Answered over 1 year ago.

    1. Gary L. Schlesinger
    2. Judy A. Goldstein
    3. James Gregory Las Cola
    4. Wendy Rebecca Barlow
    5. Amy Spector
    5 lawyer answers

    There is no waiting period to file for adoption, but there are legal standards that have to apply to your case. If you are interested in speaking with an attorney that handles adoption cases in your area, contact my firm, Hicks & Spector, L.L.C. We are located in Belleville, but regularly represent clients in Madison County and other surrounding counties. We offer a free one-hour consultation and can be reached by phone at (618) 551-0300.

    2 lawyers agreed with this answer

  3. Why did my husband file a counter-petition for dissolution of marriage?

    Answered over 1 year ago.

    1. Peggy Margaret Raddatz
    2. Roger William Stelk
    3. Tina Marie Fox
    4. Amy Spector
    5. Joseph Henry Sparacino
    6. ···
    6 lawyer answers

    I agree with the other attorney answers. As an attorney, when a potential client comes to me who has already been served with divorce papers, I always ask them if they also want a divorce. If so, then I always prepare a Counter-Petition for Dissolution. This way, if the person who filed the case decides to drop the Petition, we are still able to proceed through the Court system and ultimately receive a Judgment for Dissolution of Marriage based on that Counter-Petition. It also allows the...

    2 lawyers agreed with this answer

  4. If I get emancipated will I be able to get a tattoo? If I get emancipated will I be able to go to under 21 clubs?

    Answered almost 2 years ago.

    1. Judy A. Goldstein
    2. Alan James Brinkmeier
    3. Amy Spector
    4. Gary A Kester
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    Becoming emancipated is not the same as reaching the age of majority. Emancipation allows you to make your own decisions without requiring parental supervision or approval. It also cuts you off from your parents as though you are already a legal adult. The minimum age requirements assigned to tattoo artists, liquor stores and nightclubs will likely still apply and you will still probably have to wait until you are 18 or 21, respectively, to enjoy those privileges, regardless of whether you...

    2 lawyers agreed with this answer

  5. After a custody evaluation and the outcome favors one party over the other what is the other's party's option to rebuttle?

    Answered 3 months ago.

    1. David Matthew Gotzh
    2. Dean Taradash
    3. Alan James Brinkmeier
    4. Amy Spector
    5. Cory Jason Blalock
    5 lawyer answers

    A custody evaluation is useful in a custody trial because it can be a more thorough investigation into your own, your child's and the other parent's lifestyle, relationships and otherwise. However, custody evaluations are not binding, so even if the custody evaluation favors you over the other parent, the Judge can still decide to rule differently if the Judge believes an alternative arrangement is in your child's best interest. Additionally, as the other attorneys mentioned, the other party...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I have a motion hearing for petition of removal

    Answered over 2 years ago.

    1. David Matthew Gotzh
    2. Judy A. Goldstein
    3. Michael A. Meschino
    4. Amy Spector
    5. Peggy Margaret Raddatz
    5 lawyer answers

    You should look at the case entitled In Re the Marriage of Eckert (119 Ill. 2d 316). This case discussed removal of a minor child in great detail and set out a number of factors that the Court should be considering when making its decision. The more arguments you can present to the Court that are in line with the factors presented in the Eckert case, the stronger your case will be. There is another case, In Re the Marraige of Collingbourne, that is more recent and expands upon the Eckert...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Ex-husband used marital assets to fund a trust for children during divorce without my knowledge.

    Answered 3 months ago.

    1. Gary L. Schlesinger
    2. Amy Spector
    3. Joseph Pierce O'Brien
    3 lawyer answers

    30 days after a Judgment is entered, it becomes final and cannot be modified, especially with regard to property and debts distributed pursuant to a divorce decree. However, if you believe there was fraud or material mistake of fact on your ex-husband's part, you may be able to file a post-judgment motion to modify, depending on the other facts and circumstances surrounding your case and the final judgment. But, without knowing more, I cannot provide any other detail as to what options might...

    1 lawyer agreed with this answer

  8. I filed for a divorce, I moved out of state. Respondant filed for a Prove-up, twice , I am Pro se .

    Answered about 2 years ago.

    1. Judy A. Goldstein
    2. Michael A. Meschino
    3. Amy Spector
    3 lawyer answers

    Without knowing more about the background of your case, there is no way to know why the case has been continued thus far. The other attorney is correct in saying that if you want to ensure that this divorce is concluded properly and as quickly as possible, you should hire an attorney to tie up whatever loose ends there may be. My office offers a complimentary one-hour consultation. If you are interested, please contact Stange Law Firm, L.L.C. at (618) 310-3711 and we would be more than...

    1 lawyer agreed with this answer

  9. Can I use a recorded call as evidence if the other person only had knowledge, but had not necessarily given explicit consent?

    Answered about 1 year ago.

    1. Barry Cahn Boykin
    2. Amy Spector
    2 lawyer answers

    I also agree that recording the phone call is not the most efficient way to address the issue of the harassment. As the other attorneys state, a restraining order allows you to contact the police whenever the other party is in violation of one or more terms of the restraining order. After calling the police, you can also file a motion with the Court requesting that the other party be held in contempt - which is punishable with penalties, fines or even jail time. If you want to pursue that...

    1 person marked this answer as helpful

  10. My neighbors upstairs filed for hardship as defense against getting evicted. How can the eviction go through?

    Answered 3 months ago.

    1. Joseph Andrew Brabender IV
    2. Judy A. Goldstein
    3. Amy Spector
    3 lawyer answers

    If the landlord followed the proper procedure for the eviction process, hardship should not have been a valid defense. The landlord needs to speak with an attorney in the same county as the property to ensure that the eviction is being done correctly.