My son's mother smokes marijuana and is constantly leaving him with her parents. She doesn't work and posts inappropriate pictures of herself in various states of undressed onto a face book page.
Contested custody cases look at the "best interests" of the child. The facts presented don't speak well of her but as others have stated, things can get very complicated and messy. Things are not always as straightforward as they seem. It would serve you well to speak to a lawyer in more detail and make sure that all of your questions are answered with respect to the process, what is considered, etc etc. Best of luck to you!See question
Do we need to be separated for 6 mos. before I can file a for an uncontested divorce? is there any reason to jump on filing now or is there some sort of state required waiting period of separation?
There seems to be confusion in the answers provided - while technically correct, some of the answers address residency requirements while some address grounds. So long as you are not planning to leave the state, get the ball rolling now, especially if there are children involved!See question
MARITAL vs. PREMARITAL ASSETS: In my case my spouse and I lived together for two years prior to marriage. He moved in with me and he purchased furniture and we got rid of what I had before we were together. Also, he brought other items that bel...
Don't let your soon to be ex husband decide what is marital and what isn't. At the end of the day, the furniture should be pretty easy to deal with. You'll want to make sure you know what all of the assets are, which will be done during the course of the "discovery phase" of the divorce. I wrote a book that I can give you, answering these kinds of questions. Good luck!See question
We have no assetts to argue about except the 401K. I want to know how difficult it would be for me to get either half or what id fair and equitable. We have no children to fight over.
Should be pretty easy to have the judge award you roughly half (if not exactly half) of the "marital portion" of her 401k (what came during the marriage) but the tricky part is having it properly set up. You should definitely have a lawyer help you with that because they are difficult to do for someone who has never done one before (trust me on this!) .See question
If I filed for an uncontested divorce after being married a year with no children or marital property and my spouse and I separated in less than a year of marriage. During the marriage we didn't acquire anything together, we have no real estate o...
Grounds can be either "fault" or "no fault" (irreconcilable differences) and each need to be proven differently and there are waiting periods for some. Ultimately, you should be able to get your divorce. You should be consulting with an attorney to discuss, in person, the best strategy to go about this based upon more facts than you have given above.See question
The person I am divorced from has our child refer to their partner ( they are not married) as dad, and has told me our child doesn't need me because he already has a father. She stopped my visitation for a whole year Eventough the order says I am...
You asked about custody but the custody decision was made at the time that you were divorced. What you should be asking is how to make your ex-wife stop trying to interfere between you and your son- which harms both of you. Documents need to be filed in court immediately. The longer you wait, the more confused your child will be about who to call dad. Don't let him forget who you are!See question
I am considering dismissing my ch. 13 to file a ch. 7. I have a small online savings acct with $3k in it. Is it possible to keep this account or will they likely take the funds? Lastly, what is the average price range of a ch. 7? For my 13 I paid ...
An online savings account isn't any different than any other bank account and what matters are your overall assets. Your entire case should be evaluated (by a bankruptcy attorney) as a whole before you decide to convert or not. That way you will have a better idea as to any pros and cons of conversion, and whether or not you should/can convert.See question
And he is still seeing her I moved out last may he's been with her for a year now but wants to denies it
As unfair as it sounds, yes. His cheating gives your your "grounds" which is your "ticket in" to being able to legally be granted a divorce but it has no bearing on the financial outcome of your case. Don't worry, its a common misconception at fault = who pays. I suggest contacting my office and we can send you a free book that will answer a lot of questions about divorce in Illinois. Good luck to you.See question
Hi over the course of the last couple years my marriage has been rocky. We have not officially separated but i knew she was talking to other people. I understand a marriage breaks down because of both parties so i do not blame her for our issues. ...
It sounds like you have a lot going on, sorry to hear about your wife's behavior. Many people plead alternate grounds as a strategy and in your case, I do not believe that you need to worry about grounds or a waiting period. You'll want to meet with a lawyer as soon as you can for an in-depth consultation to decide on the best course of action for you. Hang in there... things are rough right now but there is light at the end of the tunnel!See question
I have one week left before the 30 day deadline. We were married almost 22 years. We have no minor children, but we will need to create a settlement on property and assets. I will be contesting his petition, as he is asking the court to terminate ...
I wouldn't bank on his lawyer giving you any extensions. Get a lawyer- ASAPSee question