Legal Question in Family Law in Illinois

1. I understand that the state of Illinois does not recognize "Good Will" as a marital asset. In other words, my husband's law office is worth nothing without him, or if he was unwilling or unable to help with a transition to another attorney. Therefore, I will not be entitled to anything for his business, in our divorce settlement. However, I was wondering if there were any exceptions.

I worked as his office manager for more than 15 years. Therefore, I am very familiar with his business policies, procedures, and clients.

If my husband died tomorrow, I would never just close the doors. I have the knowledge and ability to help with any transition necessary. In doing so, I would be able to benefit financially from either hiring an attorney to take over working on the files, or transferring the files to another attorney.

Is there a precedent in this type of situation, where because of a wife's participation in her husband's business, the value of the husband's business was considered in their divorce settlement?

2. I also feel that my husband has drained our marital assets by intentionally going into debt. Since I filed for divorce, he has gone in to his charges more than $120,000 + another $80,000 in other loans. Is there anything that I can do, to keep from being held responsible for the excessive debt he has gone into?

3; In addition, despite the economy I feel that he is attempting to evade future support obligations, by

~paying himself very little, since I filed for divorce

~not working diligently at his current job

~not cutting expenses elsewhere ~not supplementing his income with a part time job

.....all of these options would permit him to meet his support payments without abandoning the career/office his loves so much.

Is there a way, that I can ask the court to compel him to pay support based upon his earning potential, (especiaily considering his record of earnings in years prior to my filing for divorce.)?

If so, what is the precedent in a case like this?

3. My husband, an attorney, has intentionally made efforts to discredit me.

He told the judge that I "threatened to e-mail his clients to inform them that he was addicted to porn," Because I was not there, and my attorney had no knowledge of the matter, he got away with it. Not only did I never say such a thing, but I would have to be pretty stupid to "bite the hand that feeds me." Secondly, I do not have access to his client base or their e-mail addresses.

Since then, he threatened to file a Rule to Show Cause against me, for saying things in front of the children that I am not supposed to say, if I filed a Rule to Show Cause against him for not paying me what the judge ordered him to pay, in response of a Petition for Temporary Relief. (Of course, he is also guilty of "saying things in front of the children that he shouldn't say, and one of my son's has recorded him saying abusive things to me.)

After I filed the Rule to Show Cause for non-payment of support, he filed the suit he had threatened to file. In addition, he filed a petition for a temporary restraining order for stopping by one of his friend's home one night, where I found him preparing dinner for his friends and their families. In his order, he lied over and over again, saying things like I berated him in front of his friends and clients. In fact, he was there all alone, preparing dinner before everyone arrived.

Is it possible for me to have a petition against him for intentionally trying to discredit me in front of the judge?

4. I have asked my attorney to prepare a a petition for an order whereby, my husband is restrained from inflicting severe emotional, psychological and physical abuse on to me. His abusive behaviors includes refusing to drive me to the hospital, when I was very sick. He claimed that I �didn't need to go�. Although the children begged him to drive me, he refused to do so. I had to drive myself. The next day, he did not even call to see how I was doing. I was hospitalized for 4 days. Is it possible for me to ask for financial compensation for the emotional distress he has caused me?

5. The judge ordered my husband to pay for expenses associated with the children. Does he have the right to determine what expenses are necessary, as he claims he does? Instead of paying for these expenses, and support, he spends money on weekends away, expensive dinners, and more.

6. I am only self employed on a part time basis. We have been married for 30 years. Can I compel my husband to pay for my health insurance, dental and eye care? Can I compel my husband to pay for the real estate taxes on our home?

7. My husband has neglected to maintain our home, in the 26+ years we have lived here. Despite the fact that we have had no mortgage on the home for 15 years, he has refused to obtain a home equity loan to do the needed repairs. It is in deplorable condition. I would guess that because it is in so much disrepair, it would not meet code. In addition, the mold problem alone makes it unsafe for anyone to live in, especially for my son who suffers from severe asthma. Is there a way that I can petition him to do the needed repairs?

I can't thank you enough for your help!

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois

Looking for something else?