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Recent Domestic Violence Act questions

Please see below my complete question. Me and my husband

Hi,!So please see below my complete question. Me and my husband would like to get Divorced.We've been married since 2011,we have 2 minor kids.We both agree on the divorce terms (we agree on splitting the common property,on child custody and all terms).I am interested in waiwing my right to spousal support and to child alimony support. "irreconciliable differneces" Questions:1)waiver of the 6 months separation needed before a divorce.can we do that?WE have been separated for only 3 months.you answered that,thankyou. 2)Do we have to take a child parenting class before the divorce or we can waive that? You answered that,thank you. 3)Can we both go to court,with the paperwork ,without an attorney? 4)Does the IL state require a certain INCOME to a certain spouse to havefor custody of 1 or 2 kids.If yes,what income limits?

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LegalGems

Juris Doctorate

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YES. MY HUSBAND BEEN HAVING AN AFFAIR WITH ANOTHER WOMAN.HE ALSO BROUG

YES. MY HUSBAND BEEN HAVING AN AFFAIR WITH ANOTHER WOMAN.HE ALSO BROUGHT OUR CHILD AROUND HER ON AT LEAST 3 SEPARATE OCCASIONS THAT I KNOW OF.HE HAS ALSO BEEN HAVING OUR CHILD LYING TO ME ABOUT HER. WE JUST BOUGHT A HOUSE TOGETHER AND HE WAS HAVING HIS AFFAIR PRIOR TO THIS. ACCORDING TO THE PHONE RECORDS THEY START COMMUNICATING THIS WAY IN FEB. 2015, WE BOUGHT THE MARCH 19, 2015. I FOUND THE TEXT MESSAGES ON FATHER'S DAY 2015.ALSO SHE KNEW HE WAS MARRIED SO IS THERE ANYTHING THAT I CAN DUE TO HER.

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Ely

Counselor at Law

Juris Doctor

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My ex spouse wants a divorce and we have been separated less

My spouse whom I have been married to for over five years one day decided they wanted a divorce. This was not my choice and I wanted to work on things.We have no major problems such as abuse, or cheating. Its simply we hit a rut and my spouse did not want to work on the marriage. Shortly after my spouse declared wanting a divorce my spouse moved out of the marital home with my 2 year-old child and into their parents home and we began scheduling custody time for myself with my child. I was now and continue today to see my child less than three full days a week. To go from every morning, day, and night to less than three is heartbreaking. I continued to live in and pay the bills for the marital home for three months of which after I moved out due to the mortgage being in my spouses name and to decrease my expenses as my spouse still wanted me to help support my child and spouse. My spouse was the primary caregiver due to the fact I worked and financially supported my family. It now appears because of that I have less chance of getting primary custody. I have two questions: 1. In the state of Illinois if one party wants a divorce and the other does not want a divorce how long can one remain married? Also can my ex spouse request child support if we are not divorced and I don't wish to be divorced? If I could I would remain married for a long period of time so I can continue to support and see my child freely. 2. If a divorce is completed what chance do I have of getting primary custody? If you need additional information please let me know.

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Lucy, Esq.

Juris Doctor

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I am a 34 year old full time single mother of a beautiful 9

I am a 34 year old full time single mother of a beautiful 9 year old little girl. I have been her sole provider from day one. Her father and I have court order for a visitation schedule and also child support established when she was 7 years old. Since then he has re-married his ex-wife and had 2 other children with her. The problem is her father and I don't get along, well nonetheless, her father despises me ever since we had separated when my daughter was about a year and a half going on 2 years old.. I have tried many times to have normal communication but all have failed. I follow the court visitation schedule to the T, and further more have accommodated him with extra time with my daughter, when requested. But he is relentless, he continuously uses my daughter when I simply don't agree to his request and now has filed a motion to obtain full custody of my daughter. I am so distraught of the thought of my little girl being taken from me. I don't not know what to do, I obviously know I need to retain an attorney but, is it possible for him to actually do this and win custody? I wanted to add he has used his other children for this battle saying that I am keeping her from a real family, etc.. I- in this case do not have any other children. I do no keep my daughter from him, he sees her every other weekend, picks her up from school on Tuesday and Thursday, we have a secular holiday schedule in place, and also share winter/ spring/summer breaks. I can't see where I am holding her back- he has plenty of time with my daughter. Please help any advise to what I am to do?

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Lucy, Esq.

Juris Doctor

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I got arrested two days ago for disorderly conduct. My father

I got arrested two days ago for disorderly conduct. My father got arrested to. I was arrested for initiating a verbal argument, and he was arrested for throwing me. This is a first offense. We were both arraigned yesterday. What happens next? Can I get this record expunged? If so, how long does that process take? Can I get a normal job with this charge on my background check?

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Zoey, JD

Doctoral Degree

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At what age does a child get to choose or "have a say" reguarding

At what age does a child get to choose or "have a say" reguarding which parent they get to live with in Illinois?

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S. Huband, Esq.

Attorney

Doctoral Degree

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Hello, I am going through a divorce and I have two minor children.

Hello,I am going through a divorce and I have two minor children. They are ages 8 and 11. I got temporary emergency custody on 06-14-11 when my ex tested positive for cocaine while on probation for mfg/del of heroin and posession of controlled substance and two dui's as well as several other traffic charges. The ex has since gotten a second dui and had her probation revoked and amended to include the first dui which was dropped when she plead guilty to the mfg/del charge. I do not have a lawyer but she is fighting me for custody of my children. She is getting sentenced on the second dui and re-sentenced on the first dui and the mfg/del of heroin charges. She has admitted that she is doing 60 days in prison and she will be turning herself into the jail on Sept 7 but no one believes her. I think shes doing a lot more time but I can't prove it and the states attorney won't tell me anything. She has also filed false dcfs charges against me. I have 8 police reports against her for not obeying court orders per visitation issues. I have never been arrested or charged with anything other than a speeding ticket in 1984 and an illegal trans in 1985. Is there anyway in hell the judge would ever take my kids from me and give her custody?

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Lady Themis

Attorney

Doctoral Degree

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5,212 satisfied customers
The Father an i have joint custday of our 14 yr old son ...

The Father an i have joint custday of our 14 yr old son ... an lives with his grand parent of the father an has been since we shared jointly ... an now he wants to live with me now

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A-LEGAL-MIND

Attorney

Doctoral Degree

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618 satisfied customers
Hi Robert- yes, Im back again. I think I finally have an

Hi Robert- yes, I'm back again. I think I finally have an easy one for you. What article or section would cover child support vs. child custody? example section 505 covers how net income is determined. I'm looking for all articles or sections that would be applicable to my situation where my ex and I have 50/50 parenting time with joint custody. However, my duaghter lives with me 100 percent of the time and I have been covering all of her expenses. I have requested child support from her father but he is refusing based on the fact that the courts are not allowing a modfication in custody becuase she has not lived with me for two years. I guess that is a statue somewhere. A mod to custody would only be in order if there was evidence of child endangerment.

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