How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22565
Experience:  General practice of law with emphasis in family law.
10707909
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

Hi i am thinking of a divorce. But i dont know what will

Resolved Question:

Hi
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.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello

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 1 year 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.

Expert:  Samuel II replied 1 year ago.

Hello

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 1 year ago.

Wait!


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?

Expert:  Samuel II replied 1 year ago.

Hello

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, Attorney at Law
Category: Family Law
Satisfied Customers: 22565
Experience: General practice of law with emphasis in family law.
Samuel II and 3 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
Samuel II
Samuel II
5278 Satisfied Customers
General practice of law with emphasis in family law.