Legal Question in Family Law in Illinois

I am filing for a divorce by agreement in IL. my husband and I got married in 1992 and we separated in 2000, I purchase a home with a mortgage in 2005, and another in 2007, and my husband says he does not care about my properties because Im the only one on title + I pay the mortgages, we are preparing a pro se petition but I do not know how to word these in the petition and the judgment, and I have another question, we are going for joint custody for my son 12yrs old, being me the primary residential parent, do we have to enter the amount of child support in the petition as well as the outlined visitations?


Asked on 8/18/10, 7:25 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

While I won't discuss the possible fraud that you may have committed in probably listing yourself as single on the papers you signed when you bought the properties, your Husband can waive his rights to those properties. A quit claim deed for each property should be signed by him. That goes in the judgment - not the petition. You will have to deal with support. Joint custody is a vague term. Is your sons living equal time with each of you. Do you make about the same amount. If he lives primarily with you, your husband should pay 20% of his income in support. If the time is equal and you make the same amount, support should be reserved. If you make more than he does, you should pay hi, 20% of the difference

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Answered on 8/24/10, 8:17 am


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