Rhonda K Jenkins's Answers

If IL is a no fault divorce state how do they divide assets and debts?

Grounds for divorce in IL include irreconcilable differences, the "no fault" grounds, but that does not mean that you can't file on grounds of mental cruelty. You can get a divorce under mental cruelty if her conduct has caused you extreme emotional upset on more than one occasion and you haven't provoked her. With regard to your retirment, any portion of it that accrued during the marriage is presumed to be marital, meaning she would be entitled to a share of that amount. I would have to...

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Divorce Question

Several factors are taken into consideration in custody disputes, including the moral welfare of the kids. While this is a difficult concept to define, generally it is safe to say that his infidelity and the nature of the adulterous affair would certainly not work in his favor. Further, if you have been the primary caregiver of the boys, and the boys want to live with you and you could provide the most stable environment for them, it is likely that you will be awarded physical custody and your...

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What are my chances of getting full custody and child support for my 4 yr old. Giving his father the right to see him whenever

By the way, even if you and he shared custody 50/50, he still should be ordered to pay child support because his income greatly exceeds your income. Further, depending on the facts, you may be entitled to maintenance (spousal support) for a certain period of time in light of his income and your debt load.

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IL divorce and separation laws, if husband and wife are separated can wife drop husband from her medical coverage

Absolutely. If you are just living separately and not legally separated, you have a couple of options: you can file for legal separation and seek an order for her to continue coverage as a form of spousal support, if the facts entitle you to spousal support, depending on her insurance plan, you can get COBRA coverage for a period of time (but this is not free). If you get divorced, you are no longer qualified for coverage.

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Can a co-signer of a vehicle be sued if the person that they co-signed for has a car accident and has no car insurance?

The co-signed would not be liable for damages under the facts you stated. Your queston indicates that the driver of the vehicle, although possibly uninsured, was not at fault in the accident. If the driver was not liable for the accident, there is no way the co-signer could be liable for the accident. The only way the co-signer would be liable for damages is if he negligently entrusted a vehicle in which he owned to someone he knew of should of know would use the vehicle recklessly. Proving...

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What are my chances of getting full custody and child support for my 4 yr old. Giving his father the right to see him whenever

If you have been the primary caregiver of your son and your son has resided with you during the separation, the chances are very good that the court would award residential custody to you. The fact that you make less money does not improve his chances of getting residential custody of the child. The best interests of the child dictate who the child lives with. There are many factors that must be taken into consideration. Generally, if you've had your son with you and there is nothing harmful...

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Contested Divorce, Custody etc

If your husband filed a Petition for Dissolution which contains things that you did not agree to, it is extremely important that you deny the allegations of mental cruelty and his claim that he should have custody. If you are both seeking custody of your daughter, you must have the help of an attorney. Custody disputes can be very complicated. There are certain procedures that must be used in contested custody cases. You and your husband will be required to go to mediation unless the judge...

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Is there a time limit for filing suit in a medical negligence case?

If the hospital withheld information from you and your wife and there were no other circumstances that would have made you aware of the medical information, your attorney can argue that the statute of limitations did not begin to run until you discovered the information. This is commonly called the "discovery exception" to the two year statute of limitatons. The applicability of this exception depends on the facts of the particular case. You should call an experienced medical malpractice...

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Can my family sue the nursing facility for my mother getting multiple pressure /open sores only after being there 1 week?

Nursing home protocols require the facility to check the resident's skin upon admission and note any breakdowns in skin or tissue or signs of developing skin problems such as redness, etc. Further, immobile residents are supposed to be turned regularly every two hours to prevent pressure sores (otherwise known as bedsores or decubitis ulcers). The nursing home should be reported to the Illinois Department of Public Heath and you should talk with a nursing home attorney about obtaining civil...

When there is a custody agreement involved can the mother get in trouble for violating it?

Under IL law, she is not allowed to remove the kids from the state without the court's approval. She is required to file a Petition for Removal and getting a court order prior to leaving the state with the kids. To get an order allowing her to move the kids out of state, she must prove that the move is in the best interests of the kids and not for any improper purpose, such as to keep their father from seeing them. She could be held in contempt of court for her failure to follow the...