I have two daughters but only one of them was from my marriage. My oldest daughter has my maiden name and after my divorce I went back to it as well. My youngest has my ex husbands name. My ex's family has nothing to do with her anymore and the on...
Agreed, the challenge will be in getting the name change granted, though it is possible. This will not affect child support if granted.See question
My ex is having his attorney prepare a QDRO due me. When I get it to review, should I have an atty look at it and if so, what type of expertise should the atty have?
Yes, do have an attorney review the proposed qualified domestic relations order (QDRO). It then must meet approval by the plan administrator before being entered by the Court. It is important that QDROs are properly prepared to avoid getting less than you are entitled under the divorce decree. It is not as simple as it might seem - many items are covered in a QDRO. Emily Carrara in my office concentrates in preparation and review of QDROs as well as related litigation.See question
this was esrablished before marriage . can we state our own agreements in a divorce
Assets earned during the marriage are subject to equitable division (perhaps but not always 50/50). So in this case, the marital portion of this plan would be subject to division - the part earned during the marriage. This can be determined two ways - by looking at all of the statements over the length of the marriage (usually difficult since most people don't keep the records and the investment firms don't retain them for that long) or by using the "Hunt" formula, where the length of the marriage is divided by the length of time contributions have been made to the plan, and that fraction is multiplied by the value of the plan to arrive at the marital share, which is then subject to division. Hope this helps.See question
Both Husband and wife filed separately for divorce. Husband carried health insurance, wife carried vision and dental. Kane county, Illinois. Can either the wife or husband remove each other from the insurance they carry or does the act of filin...
The medical expenses are marital debts during the marriage, even though a divorce case has been filed. Therefore it is a bad idea to remove a spouse from medical insurance coverage during a divorce case. The person who lost coverage can bring a petition in court asking that coverage be restored, and that uncovered expenses be paid (typically but not always 50/50).See question
I have sent a letter via certified mail to my ex and his lawyer. I included a copy of the IRS form indicating the signature line and a stamped return envelope. If he refuses to sign I will file a contempt motion. However, the order states that as ...
A 508 is a petition for attorney's fees, 750 ILCS 5/508. A "137" is a motion for sanctions (usually asking for attorney's fees) alleging that a pleading is not well-grounded in fact or existing law, or requesting a modification of existing law, based on Illinois Supreme Court Rule 137.
Whether you will be able to have the Court compel signature of the Form 8332 depends on the language of your divorce judgment and the Court's interpretation of that language along with the facts as they stand today. From your information it is not clear what the exact judgment language is - whether the tax credits are barred if there is "any" arrearage, or whether you will receive the credits so long as you are current on your payments, despite the fact that they include money for an arrearage.See question
What should I do with the transcript? Which document would prove that I am divorced? The transcript or the judgment? Please help.
You need to obtain the transcript, and file it with the Clerk of Court. The transcripts cost about $40 to $60 usually. There is no filing fee. The Judgment is the controlling document for your divorce, it proves you are divorced and determines the terms of your divorce. The transcript is a written record of your prove-up hearing, where the Court heard some testimony from you and possibly your ex and granted the judgment for divorce. In Cook County, local rules require that you file the transcript within 28 days of the prove-up hearing.
Hope this helps.See question
To add another note, if your "husband" is still married in GA, you can have your marriage declared invalid in Illinois, as it was void when you were married (the legal term is "void ab initio", meaning "void from the start." See 750 ILCS 5/212(a)(1), "Prohibited Marriages." Interestingly, per Illinois law, if he was divorced some time during your marriage (from the GA wife) and is only married to you now, your marriage is valid from the date of his first divorce (essentially he would have "cured" the problem of being married to two people at the same time). See 750 ILCS 5/310 and following in the Illinois statute regarding declarations of invalidity. A declaration of invalidity is also called an "annulment" and essentially means the marriage never happened from a legal standpoint. A court can still adjudicate property rights, support, and child custody related to the invalid marriage, however.See question
My wife filed for divorce and we have 3 boys together. I have gone to great lengths to learn everything I can about IL family law and enlisted the services of an attorney that will help guide me through the legal filings and review documents and w...
I urge you to retain an Illinois attorney - specifically one experienced in divorce and family law. It might be one thing if you had an uncontested case with no children and no assets, but you describe a much more complex matter. Also please note the website you list may not be a website by an Illinois attorney. I'd ask your attorney if he is licensed to practice law in Illinois, and whether he carries legal malpractice insurance. Family and divorce law differs substantially from state to state.See question
The ex wife has harassed me personally via messages on Facebook and at their oldest child's school function last week. Legally I am allowed to be around the children per the parenting agreement. Last week she was screaming and swearing at me in fr...
If finances are limited, you can seek an order of protection pursuant to the Illinois Domestic Violence Act at any courthouse, even if you don't have an attorney. In the alternative you might try to seek relief from the divorce court where you obtained your decree, but this may not be speedy and may be less likely to produce the desired results.See question
The child's father died previous to birth and his brother moved in to help his sister-in-law with raising his nephew. The mother gradually became depressed and left; the uncle and his boyfriend took care of his nephew. The maternal grandparents ...
The people seeking to care for the child will need to file Petitions for Guardianship as stated above. Note that the natural parent's rights always trump those of any other people - if any of these people become the child's guardian, mom can come back at any time and get the child back (unless she loses her parental rights per court order). I agree with the other attorneys who posted, please contact a family law attorney in the area for advice.See question