Legal Question in Family Law in Illinois

Re: MY PERSONal assests

You should immediately hire your own attorney to represent you in connection with the anticipated dissolution of marriage proceedings. Personal injury settlement proceeds constitute marital property. However, it would appear that the equities favor allowing you to retain most, if not all, of those monies in light of your disabilities. You may also have a viable maintenance claim against your husband to contribute toward your support during and after the dissolution of your marriage. I would ignore your husband's threats that he intends to use your children's testimony against you regarding any of the financial issues which you have raised. The bottom line is that you can not hope to adequately defend yourself. Please hire a lawyer experienced in handeling family law cases immediately!

Husband's threats of homelessness and destitution of wife upon divorce

I see your question has already been answered by another attorney. His advice was solid. Please permit me to add:

Your question does not mention the nature of the proceeding your husband is bringing to oust you from your home. There are two major possibilities: a domestic violence order of protection or a divorce. In either case, you need to see a lawyer.

If the action is one for a divorce, you should promptly seek the advice of a lawyer in your area who is experienced in divorce cases. There is no reason your husband should have greater access to legal resources than you, and Illinois has a statute which levels the playing field for legal fees in divorce cases. Based upon the statute, one of the first things your lawyer will do is seek from your husband a court award of interim attorneys fees so that you will have a fair chance of developing and presenting your case in court.

Once you have good counsel, your husband will not be able to run roughshod over your right to fair and equitable treatment in the divorce.

If the action is one for an order of protection, the court will consider the �balance of hardships� before ordering a party out of the marital residence. Illinois law provides in part: �In comparing relative hardships resulting to the parties from loss of possession of the family home, the court shall consider relevant factors, including but not limited to the following:

�(i) availability, accessibility, cost, safety, adequacy, location and other characteristics of alternate housing for each party and any minor child or dependent adult in the party's care;

�(ii) the effect on the party's employment; and

�(iii) the effect on the relationship of the party, and any minor child or dependent adult in the party's care, to family, school, church and community.�

Your husband�s threats of making you homeless and destitute will worry you incessantly until you receive advice from an experienced attorney familiar with the facts of your case. Experienced counsel will also be familiar with custody and parental alienation issues, things that appear relevant to your situation. Finally, a lawyer can try to help you protect (no guarantees however) the nest egg you received for your injuries by presenting a good case showing your need, without having you give your money away as you suggest (which, on the basis of the law of fraudulent transfer and the law of dissipation, probably wouldn�t work anyway) or loan it out (which would still show as an accounts receivable, i.e., a marital asset).

Re: MY PERSONal assests

I agree completely with the other attorneys - you need to hire an attorney - it is vital so that you do not misrepresent your interests. A court will look to yours and your husband's financial situation and make determinations based on that. Giving away your money will probably not work as it would be considered part of the marital property. As far as the children are concerned, a court looks to what is in the best interests of the child and then determines custody and visitation - although your child may be interviewed by the judge, it is not the be all and end all of the case - he will also consider other factors. It sounds like your daughter may need professional help - you should probably insist on this. Get a lawyer.