Archived
I am not working. I have two children. My husband is in the military. Can my husband get full custody because I am unemployed.
Patrick's answer
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Answered on February 20, 2010
Income does not effect custody. The court looks at a number of factors to determine custody. First, since the children reside with you and...
Archived
I want to relocate with my 2 year old before divorce process, can I file for divorce in new state?
Patrick's answer
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Answered on February 14, 2010
This is a tricky situation. If you husband leaves you with the children and voluntarily has not contact them for a long period, I would believe it...
Archived
Husband moved out 3 years ago, nothing legal done, now filing for divorce. Can I get 1/2 of his 401k since he moved out?
Patrick's answer
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Answered on February 14, 2010
There is no common law divorce when someone moves out or separates. You are likely entitled to half of his 401(k) based on what you posted,...
Archived
Should i be prersent on the court on divorce case if i have a lawyer
Patrick's answer
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Answered on December 12, 2009
It is always best to be present in court. However, if you are the respondent, then you do not need to be present. Your attorney will likely be...
Archived
Can I get an uncontested divorce in Chicago if my spouse and I own property?
Patrick's answer
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Answered on December 12, 2009
Uncontested divorce means that you and your spouse have agreed on all the issues (property, debts, support). The hard part of the divorce is...
Archived
In Chicago, how long do you have to be physically separated to be divorced?
Patrick's answer
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Answered on December 12, 2009
The statute says two years, but it can be waived by the parties after having been separated for 6 months. Separate rooms counts as separation. ...
Archived
What does order plaintiff to file petition aloowed mean?
Patrick's answer
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Answered on December 06, 2009
It means that a party is allowed to file a motion or petition. Sometimes you need permission otherwise known as "leave of court" to file a petition.
Archived
Will i be required to pay 50% of my pension based on the information outlined in details
Patrick's answer
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Answered on December 06, 2009
If there was a QILDRO entered, then your husband will receive whatever the QILDRO states he will receive. It is your husband's duty to keep the...
Archived
Is my husband entitled to half of my earnings before I file for divorce?
Patrick's answer
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Answered on November 22, 2009
You don't have to worry about him taking half of your income. Go ahead and get a job. Call me if you would like to discuss.
Archived
Can the couple decided how to handle property and debt in the divorce or does the court solely decide?
Patrick's answer
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Answered on November 22, 2009
The court will allow a couple to decide property and debt issues on their own. However, if the court finds the agreement to be unconcionable...
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