“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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Thinking about divorce is common. Every married person has thought about divorce. Most married people have researched divorce (and stumbled on sites like this). But when it comes to filing for divorce, people are hesitant. Even if a person is ready to file for divorce, when is the best time to file for divorce? At the Law Office
You own a business with a partner. Your partner, however, has another partner: their husband or wife. If that husband-and-wife partnership results in divorce, you can expect to be sucked into the divorce process…but you have a very powerful defense mechanism that can keep you and your business safe. This article explains how to get
When people lament their former spouses’ failings, a polite way to say it is “he/she was impossible.” Be careful…the former spouse just might agree and claim that further compliance with the final divorce decree is impossible. The “impossible” ex-spouse may argue that they are, therefore, excused from following the agreement and/or orders. At the Law
Divorce law in Illinois is largely written for couples with two working adults who may have children. While Illinois divorce law does not explicitly address retirement and divorce, many relevant principles can be derived from the statutes and case law. Experienced Illinois divorce lawyer Russell D. Knight can help apply those principles so that your retirement
Under Illinois Rule of Evidence 106, if your spouse introduces a misleading partial document or recording at trial, you can demand the court admit the rest of the document or recording to provide full context. A divorce trial is very different than other trials. Most trials are about a singular moment in time: an accident,
Property that is deemed non-marital in an Illinois divorce cannot be divided. But, what if that property has increased in value during the marriage? Does the increase in value during the marriage make the property marital? Is the increase in value, itself, marital property because it came into existence during the marriage? Under 750 ILCS
After you’ve retained a Chicago divorce attorney for your Illinois divorce, one of the first things you’ll be asked to do is to fill out the Financial Affidavit for Divorce & Family Cases. This is a standardized, approved by the Illinois Supreme Court, 9 page document that virtually everyone involved in an Illinois divorce case must fill
When you marry someone, you make a promise to them that will last years and years. When you take out a mortgage, you also make a promise that will last years and years. Extracting yourself from the obligations of a mortgage often goes hand in hand with extracting yourself from a marriage through a divorce,
A divorce definitely includes two spouses. A divorce probably includes children who were the product of that marriage. But, sometimes a divorce can involve third parties such as parents of the spouses, corporations the spouses own, or other third parties who have an interest in the parties’ marital assets. An experienced Illinois divorce lawyer can
Mortgages typically consume 25 to 33 percent of a household’s total income. A mortgage is usually a household’s biggest expense. Additionally, mortgages are usually tied to a household’s biggest asset, the marital home. Failure to pay a mortgage means a married couple’s biggest asset is at risk of foreclosure. For all these reasons, the mortgage
Maintenance, formerly known as “alimony” in Illinois, is a way to further ensure an equitable division of finances between two spouses who have unequal incomes. One spouse has relied on the other spouse for regular financial support, the Illinois legislature states the supporting spouse should continue to support their ex-spouse in a definite amount for
Almost all states allow property brought into the marriage to remain non-marital. Thus, divorce law allows the person who brought the property into the marriage to take that property out at the end of the divorce. Illinois is no exception. The rules for determining what assets have remained non-marital throughout the course of a marriage
Lawyers love to use acronyms and buzzwords to shorten long phrases like “Qualified Domestic Relations Order,” which is commonly referred to as a “QDRO.” So, what is a QDRO, exactly, in an Illinois divorce? QDROs are court orders that allow for 1) the division of a tax-deferred retirement account and 2) the preservation of that
When you are married to someone, you have a lot of mutual responsibilities to each other. It is up to you both to resolve those responsibilities. If you cannot resolve your mutual responsibilities, you file for divorce, and in Illinois, the Illinois Marriage and Dissolution of Marriage Act outlines what happens as you dissolve your
The right to see your children is fundamental to the entire Illinois family law system. That being said, some parents just don’t feel their children are safe when the children are with the other parent. How can we balance the need to keep children safe and the need for a child to have regular contact
Before a divorce is finalized or a motion in a domestic relations court is finalized, the parties often exchange documents to verify assets, incomes, etc. In lieu of refusing to exchange a document, a party may tender the document with a portion of the document’s contents redacted. A redaction is “the careful editing of a
When people get married, they move in with each other. This usually means buying a house together. The down payment on the house is usually non-marital (they just got married). The down payment for that house is not always evenly split between the two parties. If the couple later divorces, does the party who paid
Some divorce litigants perceive their opposing counsels as soldiers in a war who are ripe for the same punishment they wish to dole out on their spouse. In reality, there is little to be done to an opposing counsel beyond being a pesty adverse party. In furtherance of promoting litigation pestilence, an adverse party may
When relationships fall apart, people quickly seize the items that they believe are theirs (or just want). Often, they will take things that do not truly belong to them in order to spite the other party. If you’re facing this kind of situation, speaking with a divorce lawyer in Chicago early can help you understand