Legal Question in Family Law in Illinois
asking advice for a friend on divorce
i have a friend that is wanting a divorce, her husband mother owns the farm where they live, so he wont leave, her friends have told her if she leaves, she wont get anything, she left for a while thinking about going back because they told her she better. she has a girl that is 13, she went with her, what are her options , should she go back, can she get a divorce if shes living there, he has threaten her that she wont get anything, does she have rights, they have been married 24 years, she hasnr been happy for a time, has stayed mostly because he threaton her about the girl that she would stay, so coudu right back and give some suggestions,
2 Answers from Attorneys
Re: asking advice for a friend on divorce
Hello. Your friend has a number of options, but
she needs to first file for a divorce. It is
highly probable that she will be awarded custody
of their daughter.... because she is "mom" and
they have a girl. As to the marital property;
that's another issue that definitely can be
worked out. I will be happy to answer any
additional questions that you might have.
Re: asking advice for a friend on divorce
The first thing is that your friend should talk to a lawyer and not listen to her friends. She is entitled to half of all marital property whether she leaves or stays. The big fight is whether the farm is marital property. Regarding custody of the child, he would have to prove she is either unfit as a mother (very difficult to do), the child is unsafe in her custody, or, it's in the best intrest of the child for him to have custody. All of these are very difficult for him to prove. Allegations are not proof.
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