“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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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,
Warren Buffett once said, “If you don’t find a way to make money while you sleep, you will work until you die.” Many people have saved enough money, which subsequently makes enough money to maintain themselves…and then they get divorced. The money divided is often enough to live off as well (or at least pay
When a divorce begins, there is a fundamental lack of trust between the two spouses. This lack of trust is especially strong when it comes to finances. There will always be suspicion that one spouse will try to hide or remove assets from the marriage. Because of this, parties will try to ask the court
Pensions are often one of the biggest assets in an Illinois divorce. Unlike cash or property, pensions cannot simply be split at the time of divorce. Instead, Illinois law provides several ways to divide a pension, most commonly through a Qualified Domestic Relations Order (QDRO), but also through present value or reserved jurisdiction approaches. Choosing
Life insurance is insurance against a person’s life that pays out money upon the death of the person. People typically purchase life insurance to support their family if they can no longer support their family due to death. What happens if you get divorced? You probably no longer want your spouse to benefit from your
In the course of an Illinois divorce, orders get entered. Those orders govern temporary issues designed to facilitate the entry of the final order, the Judgment for Dissolution of Marriage. The parties to a case are then governed by the words of the written order. If either party violates the order, the other party has
Divorcing can be expensive, but what if you can’t afford to pay for attorney’s fees? In Illinois, divorce laws offer some relief if you truly cannot pay attorney’s fees. But, proving you’re ‘broke’ is only part of the challenge. An Illinois divorce court can award attorney’s fees from one party to the other party’s attorney
Illinois divorces hearings and trials work in a very specific order. The petitioner or the person presenting the motion to be heard calls their witnesses and puts on their case first. The opponent can cross-examine the witnesses the petitioner or movant has presented but cannot introduce independent evidence in the middle of the other party’s
Traditionally, men ask women to marry them by buying them a diamond ring. The “rule” is that the diamond ring should be worth two months of the man’s salary. That is a lot of money. If the parties do not get married or get married and get divorced, who gets that engagement ring under Illinois
The Illinois Supreme Court Rules provide a variety of tools by which each party to a lawsuit may request information from your spouse/ex-spouse or third parties who hold information relevant to the pending divorce case. These tools include notices to produce, subpoenas, interrogatories, requests to admit and financial affidavits. These requests can ask for virtually
Divorce lawyers are expensive. What’s worse, you may have to pay for your spouse’s divorce lawyer via court order. You may be ordered to pay attorney’s fees if you are the spouse who controls the marital assets, is earning more or is just taking a principled stand that the court does not agree with. If
In Illinois, when parents are unable or unwilling to care for their children, grandparents often step in. But getting legal custody as a grandparent is not automatic, even if the child lives with you. In Illinois, grandparents can seek custody of their grandchildren under Illinois law but there are significant hurdles if a parent challenges
When a party to an Illinois divorce has an overseas bank account, that account must be disclosed and, if found to be marital property, equitably distributed by the court. If the overseas account is not disclosed, Illinois divorce courts possess limited powers to investigate bank accounts in other countries. In an Illinois divorce, locating and
In Illinois, if your spouse empties a joint bank account before or during a divorce, you can’t rely on automatic protections but you can file a motion for temporary relief or to maintain the financial status quo. Courts can order the funds restored or award you temporary support. Act quickly and consult an attorney to
Local county rules in Illinois have the binding force of law. Failing to follow local court rules can mean delays, dismissal, or even contempt sanctions. Here’s how to prepare across counties like Cook, DuPage, Lake, Will, and Kane. To effectively litigate an Illinois divorce court, you must know A LOT: Statutes, case law and the
