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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Hi i am thinking of a divorce. But i dont know what will

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i am thinking of a divorce. But i don't know what will come up during and after that. I want to have some information about that.
My children are 21 and 18, both of them are in colleges. My husband is in Illinois since last October( because of his job). He recently got an Illinois driver's license.
He knows that i wanted to divorce for 7 and half years, and recently i made it sure that i was going to do that.
He told to my children that he won't support me at all.
I have a part time job, 19 hr/ week at college.

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard.

Please tell me

1 - how long have you been married?

2 - how long have you been working at the college?

3 - do you have a collgeg degree and have you worked during your marriage at all?

4 - what kind of marital property is there - a home, his pension?
Customer: replied 3 years ago.

1. 23years by this October

2. i have worked at the college before, but it was just 2 hours or less than a week, so a regular part time work at this college is 23months.

3.Yes, i have a degree( master),

i have worked at several different areas after moved to US with him. None of them were stable, or lasted more than 2 years.

4. We don't have anything.


And thank you

Ok. If you have an education to the level of Master's then the court is going to try to establish how much work you should be doing at your level and base you "earning potential on that"

Remember, support is based on one party's need and that other party's ability to pay to keep the spouse in the way the have been accustomed.

Now, with that being said and while the court may tell you you need to go back to work, the court also will order that support as temporary and tell you that you need to make a concerted effor to find a job at your education level.

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.

Customer: replied 3 years ago.


I am not " not working"!

I am doing a part time work, and half of my time is dedicated for supporting kids. I am the only parents who is with them right now.

He is sending me checks whenever he could, any amounts for paying bills right now.


So, your answer is that i have to file to the court first by myself even if he doesn't agree with me, or without any discussion with him first?

If i do that, what do i need to prepare for filing?

He is currently Illinois resident. Is there any problem for filing from my side?


Thank you

Unfortunately, in the eyes of the law your kids are adults at the age of 21 and 18. And so as such the court is not even going to consider their needs.

Now, if you want to file for a divorce, you can certainly discuss it and see it he is ageeable and then file an uncontested divorce.

Either way, you can file - if he does agree or does not agree with the divorce. And you can file it first, if that is what you want to do.

And because you kids are considered adults there would be no child support ordered, but you certainly can try to arrange something for him to help pay for college, if that is what you think he would agree to.

I suggest that the court will take into consideration that you have been a stay at home Mom during the majority of your marriage, and it will consider your age in being able to get employment when considering spousal support.

But because you have an ability to work then the court is going to say that you have a certain amount of time to get yourself a full time job.

I further suggest that permanent support may just be out of the question, unless you can show that he is having infidelity and then the court may make it permanent.

Samuel II and 2 other Family Law Specialists are ready to help you