Legal Question in Family Law in Illinois

Divorce

I am seeking a divorce, my husband filed bankruptcy 2 years ago, Chapter 13 (2 years left) the morgage loan is included in this. I was am a stay at home mom with 4 kids 3 of which are by him. I am seeking child support for the 3, and maintaince and would like to stay in the house until I can get on my fee. He has refused for us to stay there and is currently living there at this time. He has been indicated by DCFS on count 21 and I would like him to have visitation with supervision. How do I ask in the divorce for temporaryly stay in the house til I get on my feet and for supervision? He said he would sign the papers but he is not going to agree with all of the above? does that make my case contested?


Asked on 7/30/07, 10:01 am

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Divorce

You have a lot of substantive issues listed there and you need to be working with a qualify attorney...if money's an issue seek assistance through a legal services provider...Chicago Legal Foundation, ect. If the husband has reasonable income, having him pay your attorneys fees is also quite possible in the divorce field.

I can't do justice to a response in this short space. If the home is marital property you can certainly keep possession of it during the case and possibly obtain it as part of a settlement. Maintenance/alimony is likely appropriate if you've been a stay-at-home mom depending on the income of the husband. Lastly, if there have been DCFS reports against the husband, supervised visitation sounds appropriate too.

Is this contested? Either the two of you will agree on things and a court order will get entered or eventually if you do pursue the divorce, a contested trial would be held.

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Answered on 7/31/07, 9:05 am


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