J. Richard Kulerski Esq.

J. Richard Kulerski Esq.

  • Arbitration & Mediation, Divorce, Family Law
  • Illinois
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Claimed Lawyer ProfileQ&A
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
Benedictine College
Undergraduate
DePaul University
J.D.
-
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
209 Questions Answered

Q. I got married in 2009, we found out that he and his Ex's divorce was never finalized, it is now, are we legally married?
A: If he is not divorced, you are not married. However, when he gets divorced, you will not have to remarry. Your voidable marriage will be reinstated.
Q. My husband and I took out a parent plus loan for our daughter when we were married
A: Your question cannot be answered with authority until you furnish more facts. Unfortunately, the only way you will know what facts are significant is if you visit with a divorce lawyer in person. He or she will know what to ask you in order to get to the info that is needed. For example, when did you get divorced? When was the loan entered into? Is there any language at all in your judgment that might open the door to making your ex liable, e.g.,any loan representations in general, anything that could lead to Section 513 exposure, etc. Good luck.
Q. Can alimony last the rest of my life as long as I don't get re-married?
A: It can if you have been married more than 20 years at the time of filing for divorce, and if you do not cohabit with another person on a continuing conjugal basis. Illnesses or injuries that permanently limit your ability to work may also be a factor.
Q. Is my 401(k) community property?
A: We do not have community property in IL. In IL, property is either marital (subject to division) or non-marital (not subject to division). The portions of your 401K that were accumulated during the marriage are clearly marital. If you had a 401K balance when you got married, it can be deemed non-marital if you can meet certain criteria. You would need a divorce attorney to explain this to you in person.
Q. How are gifts treated in divorces? I got a lot from my ex over the years but I want to keep them.
A: Gifts from one spouse to the other are typically awarded to the spouse that was given the gift. There could be some exceptions depending on the gifts or the context in which they were given, but the likelihood is that you will be able to keep them.
Q. Can a house bought as contract for deed in just one name become marriageable property prior to a divorce?
A: Based upon the scant facts you have provided, the answer is YES. However, homes that have just been purchased on contract rarely have much equity...and that is the real marital asset.
Q. What does CONFIRMATION OF PRIOR ORDER - ALLOWED
A: Your question cannot be answered authoritatively without knowing the context in which the phrase was used.
Q. If a husband and a wife have never lived in the same state, wife is now pregnant, and wants to file for divorce, can she
A: If all she wants is a divorce, she can definitely get it done in either state. If he is the father and has not been in IL, and she wants child support, she will probably need to file in TN.
Q. Does the 2 year moratorium for parenting time apply to a modification to the original order?
A: Unless there is specific language to the contrary in your Joint Parenting Agreement, your ex must prove that a substantial change of circumstance has occurred if he wants to change the parenting time. He cannot just seek a change whenever he wishes. Incidentally, the two year period you refer to has to do with custody (residential parent) changes only, not changes that merely involve allocation of visitation/parenting time.
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Contact & Map
Oak Brook Office
1200 Harger Rd
Suite 320
Oak Brook, IL 60523
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