J. Richard Kulerski Esq.

J. Richard Kulerski Esq.

  • Arbitration & Mediation, Divorce, Family Law
  • Illinois
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Summary

J. Richard Kulerski is a partner in the Oak Brook (and downtown Chicago) divorce law firm of Kulerski and Cornelison. Richard has over four decades of trial experience in the divorce courts of Cook and DuPage counties, IL. and is a Harvard trained mediator and settlement negotiator. Richard and his partner, Kari Cornelison, are staunch advocates of the settlement approach to divorce and both are active in divorce mediation, collaborative divorce law and in the rapidly growing cooperative divorce movement.

Practice Areas
  • Arbitration & Mediation
  • Divorce
  • Family Law
Jurisdictions Admitted to Practice
Illinois
Professional Experience
member - Board of Directors
Mediation Council of Illinois
-
Education
Loyola University Chicago
Undergraduate
DePaul University
J.D.
-
Benedictine College
Undergraduate
Professional Associations
Illinois State Bar
Member
Current
Collaborative Law Institute of Illinois
Fellow
- Current
DuPage Bar Association
Sustaining Member
- Current
Publications
Articles & Publications
The Secret to a Friendly Divorce
Wasteland Press
Divorce Buddy System
Author House
Websites & Blogs
Website
Kulerski & Cornelison's Website
Legal Answers
396 Questions Answered

Q. I'm a retired IL state employee on a pension. In a divorce, can she claim part of that pension, my sole income?
A: You do not say how long you were married and in the pension plan. This is critical to answering your question responsibly. She is entitled to one-half of the marital portion of your monthly pension payment. The marital portion is defined as the number of years of the marriage as the numerator, and the number of years you were in the plan and married as the denominator. You are mistakenly looking at you pension payments as income. In the world of divorce law, your pension is property that she already owns. She is entitled to her piece of your pension just as she is entitled to her piece of your house, or any other marital asset. You may not have to pay child support once she starts getting one-half of the marital portion of your pension payments. Also, you did not state how much money she earns from her business. This info is also critical in determining how much each of you will pay toward child support.
Q. My Wife & I agree to get an uncontested Divorce.What is the 1st thing I need to do to get the ball rolling in Illinois
A: In Illinois, you do not have to be separated even one minute in order to get divorced IF both parties agree that the divorce will be uncontested. If one spouse does not agree to divorce, then the other party must prove a six month separation. The other grounds you mentioned are no longer part of IL law.
Q. What Maintainence law will govern my case filed 3/17?
A: The current law will apply. With an 11 year marriage, the duration of his obligation under the new law is 5.28 years.
Q. In Illinois, it states that you have to be separated for 6 months. is there any way around that rule?
A: Your take on the law is not true. You do not have to be separated at all (not a minute) if both parties agree that it will be an uncontested divorce. If one party wants to fight, then, and only then, do you have to be separated six months.
Q. I divorced in 2000. My ex has to pay half of college, but refuses because the law changed recently. Where do I stand?
A: You haven't explained what part of the new law he thinks affects his obligation. I think if such a part actually existed, he would be citing it. Is your child not maintaining a C average? is she outside of the applicable age brackets? Besides, in other areas of divorce law that have changed, the new law does NOT automatically mean that the new law must apply. Those seeking to apply the new law must first prove that a substantial change of circumstance has occurred to warrant a modification.
Q. My husband wants a divorce. Im from Texas and have no family here. Would a judge consider letting me go back?
A: There are five or six criteria that the court must use to determine whether to allow the removal of the children to another state. Your having family support in Texas and none in IL is only one of the factors.
Q. Is child support required even though it's not being asked for so divorce can be finalized
A: The court is mandated to order child support. It must do so unless it can justify reserving the issue of child support, but the court must be able to justify why no child support is being ordered at the time. Child support is the child's right, and you, the parent, cannot waive the child's right.
Q. My rights if I don't want the divorce.
A: If your spouse wants a divorce and you have been separated for six months, there is an irrebuttable presumption that irreconcilable differences have arisen, and you cannot stop the divorce from happening.
Q. I am an uber driver. Would i pay alimony on gross income or my adjusted gross income after expences
A: You are allowed to deduct your actual cost of doing business. The balance is your gross income for alimony purposes.
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Contact & Map
Oak Brook Terrace Office
1 S 660 Midwest Road
Suite 320
Oak Brook Terrace, IL 60181
USA
Telephone: (630) 928-0600
Fax: (630) 928-0670
Chicago Office
47 W. Polk Street
Suite M11
Chicago, IL 60605
USA
Telephone: (312) 235-0100
Fax: (630) 928-0670