“If you can’t explain it simply, you don’t understand it well enough.” – Albert Einstein.
“The rules of court we have promulgated are not aspirational. They are not suggestions. They have the force of law, and the presumption must be that they will be obeyed and enforced as written.” Bright v. Dicke, 652 N.E.2d 275 (1995)
“[E]veryone is presumed to know the law and ignorance of the law excuses no one” Jones v. Board of Education of the City of Chicago, 2013 IL App (1st) 122437
“[A]ll citizens are charged with knowledge of the law.” People v. Lander, 215 Ill. 2d 577, 588, 831 N.E.2d 596, 603 (2005)
“Mere contentions, without argument or citation of authority, do not merit consideration…and are waived” First National Bank of LaGrange v. Lowrey, 375 Ill. App. 3d 181, 207, 872 N.E.2d 447, 473 (2007)
“If a party does not offer any argument or meaningful authority in support of an argument, the argument is forfeited. ” Abbinanti v. Presence Cent. & Suburban Hosps. Network, No. 2-21-0763, 8 (Ill. App. Ct. 2021)
“Without legal authority, respondent’s argument is unconvincing.” Thomas v. Thomas, 2024 IL App (4th) 240289-U
“It is a common maxim that ignorance of the law is no excuse.” Clark v. Lay, 2022 IL App (4th) 220101, ¶ 45 2
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Verifying both parties incomes in an Illinois divorce is crucial to determining both maintenance (formerly known as alimony) and child support. Often, it is necessary to request tax returns from the IRS in order to verify a party’s true income. Why Income Must Be Verified In An Illinois Divorce Both parties’ net incomes must be
36% of people nationwide rent their homes instead of owning them. In Chicago, the percentage of renters is even higher at 51.5% of people being renters. So, while we know houses get divided in a divorce, what happens to renters when getting a divorce in Illinois? Who Keeps The Rented House In An Illinois Divorce?
When faced with divorce, there are lots of big financial questions like “who gets the house” and “how much alimony will I get?” In addition to the big issues, there is the entire lifetime of items that a couple will have accumulated over the years. What happens to all these household and personal items during
Orders of protection are to prevent “abuse[] by a family or household member” 750 ILCS 60/201(a)(i) Family and household members are usually seen every day. So, when the abuse needs to stop…the abuse needs to stop immediately. Virtually every petition for an order of protection starts as an emergency order of protection. The peculiar thing
A family’s dynamics are simply too complicated for a judge to completely digest. Judges appoint Guardian Ad Litems (commonly referred to as a “GAL”) to investigate, report, and offer recommendations on what the family should do now and in the future. If you do not agree on any or all custody matters in your Illinois
An opposing party’s litigation posture in an Illinois divorce hearing or trial can tell you a lot about what they are actually concerned with. It is common for a party to continue to harp on one issue throughout the hearing. This is annoying not just to you, but to the judge. The judge is trying
A marriage is a series of agreements. Divorces happen when those agreements start to fall apart. Some of those agreements between the couple (and others) will be upheld and some will be denied. One tool to deny agreements in an Illinois divorce is by invoking the Statute of Frauds. A Statute of Frauds is “A
People don’t get divorced because they (or their spouse) were an angel. People usually get divorced after being subjected to some very reprehensible behavior. Does that behavior allow for punitive damages in the subsequent Illinois divorce? Punitive damages are “damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit;
Divorce is expensive. Attorney’s fees during and after an Illinois divorce are usually in the thousands of dollars and must be paid. Illinois divorce law recognizes that the parties to a divorce or parentage action can ask their spouse, ex-spouse, or other parent to contribute to attorney’s fees on a temporary or final basis. “The
People do horrible things to each other before, during and after a divorce. The Illinois divorce process, however, rarely addresses horrible behavior. Illinois divorce courts “divide…marital property without regard to marital misconduct in just proportions” 750 ILCS 5/503(d) Child support and maintenance are awarded based on the party’s income, not their behavior. Even parenting time
After months of status dates in court, exchanging documents, and wondering when something will actually happen in your divorce, the divorce judge’s voice will boom, “Pretrial is scheduled for next month. Have your memos delivered to my clerk 7 days in advance!” What does this mean? What is a pretrial in an Illinois divorce, and
Divorce can lead to (or result from) a lot of horrible events. The worst event in a divorce is the possibility of violence from one or both members of the marriage. After abuse or harassment during or after an Illinois divorce, one party may file a Petition For An Order Of Protection against the other.
People’s incomes change after divorce, but the obligations of child support and maintenance seem written in stone at the moment the divorce is entered. Of course, both child support and maintenance can be modified with good cause during later years. But if one or both parties’ incomes are guaranteed to fluctuate every year, it is
During an Illinois divorce, many agreements are reached before the final judgment. These interim, non-final agreements (in emails, court orders, or memoranda) may or may not become binding. When do they bind you, and how can you protect your interests? Why Are Non-Final Agreements Important In An Illinois Divorce? Almost every agreement between parties in
Orders of protection are for people in fear of another person…whom they were in a relationship with or shared a home with? Confronting someone you are both that close to and in fear of is overwhelming. Illinois law allows that the first time a victim of abuse is in court, the victim can testify without
Imagine your ex waits years before asking the court to enforce a provision in your divorce judgment. Can they still get relief? Two defenses often stop these late requests: waiver and laches. When someone doesn’t do something in an Illinois divorce matter, the other party can say “Sorry. You snooze, you lose. You should have
After an Illinois divorce is settled or a trial order is issued, the divorce is not over. Both parties must still comply with the terms of the Judgment for Dissolution of Marriage and the incorporated Marital Settlement Agreement and Allocation of Parenting Time and Parental Responsibilities. Illinois law provides multiple methods for enforcing those terms.
In Illinois, maintenance (formerly known as alimony) is always one of three different numbers: To determine which of these three formulas will be applied in your Illinois divorce case and what number will, eventually, be arrived at as your maintenance payment, the below analysis must occur. Will There Even Be Maintenance In Your Illinois Divorce?
“If you don’t find a way to make money while you sleep, you will work until you die.” – Warren Buffett. Lots of people have followed Warren Buffett’s advice by saving and investing so their money can earn them an independent income one day. These investments generate interest, dividends, and other kinds of income. However,
