Answer: If a spouse inherits or is gifted any property during a marriage, that property (under our divorce law) is non-marital property and will remain the sole property of the spouse receiving any such gift or inheritance provided that which is gifted or inherited starts out with and remains titled to or in an account held solely in…
Answer: Yes. Illinois’ divorce law overrides some of the laws that would normally pertain to banking and property/account ownership. For example, if a house or a bank account is only in one party’s name, under the applicable real estate or banking law, the home or account belongs entirely to that party and the other spouse has…
Answer: When you and your spouse first purchased your home, you received a warranty deed from the sellers in which they guaranteed that you were getting a clean title. This is for your protection and for your lender’s protection. However, when a co-owner of a property wishes to transfer his or her interest in the property…
Answer: The wife does not get the house as frequently as myth would have us believe. The marital residence is dealt with in different ways depending on some of the following variables: …modern lending trends have made it difficult for a divorced person to be able to buy a new home while he or she is…
401k’s, 403b’s, IRA’s, Thrift/Savings Plans There are two types of retirement benefits: Defined Benefit Plans and Defined Contribution Plans. Defined Benefit Plans Defined Benefit Plans are the traditional type of pensions where you get a set amount of money each month for life when you retire. They are no longer commonly used in the private sector,…
No, it is not. At least, there is no hard and fast rule that automatically entitles each spouse to one-half of the marital assets. While a 50-50 division typically occurs more often than not, it happens only when it is consistent with equity and fairness. For example, 50-50 would be fair and equitable if both…
At the time of divorce, “marital” property is divided by the Court and distributed to the spouses in percentages that the Court deems to be fair, just and equitable. “Non-marital” property is not divided but is awarded to the party that owns the property. WE DO NOT HAVE “COMMUNITY PROPERTY” IN ILLINOIS. ARBITRATION IS NOT USED IN…
Who Will Be The Residential Parent? In 1986, Mr. Kulerski was appointed by the Bar Relations Subcommittee of the Domestic Relations Advisory Committee of the Domestic Relations Division of the Circuit Court of Cook County to serve as an Attorney for the Child and as a Guardian ad Litem. Subsequently, he was appointed by the…
Litigation is the term used for a legal action between two parties who disagree about an issue. Divorce litigation goes through the family court. Even if you have no children, this is where your divorce will take place if you choose litigation because you cannot come to an out of court settlement. You both will…
These questions must be answered together because it is the facts of a particular case, and its happenings, that ultimately determine how long it will take and how costly it will be. Except in very rare instances, it is very difficult for an attorney to be exact when he or she provides a fee quote…
