“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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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
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
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
After 17 years of divorcing people as a divorce lawyer in Chicago, I have learned that the average Illinois resident only has two assets: their 401(k) and their home. Their home is worth as much as it would sell for on the open market, less than the balance of the mortgage for that home. This
Your wedding vows probably included the words “until death do us part.” Even if you get divorced, your relationship with your ex-spouse may not truly end until one of you dies. If you’re working with a divorce lawyer in Chicago, it’s also important to understand what divorce can mean for your estate plan. What is
The point of taking a divorce to an Illinois court, often with the guidance of a divorce lawyer in Chicago, is to resolve matters that the divorcing parties cannot agree upon. The Illinois divorce judge then provides equitable relief by ordering each party to do something (divide assets, enter into a parenting plan, etc.) Courts
When you are a divorce attorney, you are always the bad guy in someone else’s movie. An Illinois divorce attorney owes numerous duties to their own client. “A lawyer shall provide competent representation to a client.” Ill. Sup. Ct. R. 1.1 “A lawyer shall act with reasonable diligence and promptness in representing a client.” Ill.
Divorce judges make dozens to hundreds of decisions every day. Sometimes, those decisions are in error. A judge’s wrong decision can be appealed to a higher court. Typically, this appeals process happens at the end of a trial because, generally only final orders can be appealed. “Appeals from final judgments of a Circuit Court are
If you’re in the middle of a divorce in Chicago, Illinois, then you know that nothing lasts forever. This may even include the relationship you have with your divorce lawyer. When you or your divorce attorney in Chicago decides to terminate your professional attorney/client relationship, your divorce lawyer must file a motion to withdraw as
Everyone knows that the parent who has the child the majority of the time is awarded child support. But what happens when neither parent has the child most of the time? What if the parents are splitting custody 50/50? What happens to Illinois child support when the children stay with each parent 50% of the
When a divorce in Illinois is finalized, the parties are issued final orders that both parties must abide by. But, life goes on and things change eventually no matter what the Marital Settlement Agreement or Allocation of Parental Responsibilities and Parenting Time say. Sooner or later, those documents will need to be modified. But how