Table of Contents

CHICAGO DIVORCE LAWYER ARTICLES

“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

Search our extensive library of family law articles written for lawyers and non-lawyers alike:

Foreign bank accounts in an Illinois divorce
Discovery
Russell Knight

How To Find And Divide Overseas Bank Accounts In An Illinois Divorce

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

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Spouse empties bank accounts during an Illinois divorce.
Property Division

What To Do When A Spouse Empties Joint Bank Accounts In An Illinois Divorce?

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

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Local Court Rules In Illinois
Illinois Law

Local County Court Rules In An Illinois Divorce Case

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

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Cars and divorce in Illinois
Divorce

Cars, Trucks and Motorcycles In An Illinois Divorce

An average person’s assets are usually relatively simple.  The average person may own a house, the average person might have a retirement account but the average person almost certainly owns some kind of automobile. So, what happens to a car, truck or motorcycle in an Illinois divorce? Is An Automobile Marital Property In An Illinois

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Police enforcement of parenting time in Illinois
Enforcement

Can Police Enforce A Child Custody Order In Illinois?

When adults with children separate, those adults govern their parenting time and parental decision-making with court orders. These court orders tell each parent when they are to pick up their children and what they can do with the children when the parent has custody of the child. When one (or both) parents do not follow

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Transportation of children in an Illinois divorce
Parenting Time

Pick-Ups And Drop-Offs Of Children In An Illinois Divorce

When you get divorced or split up and you have children, there are dozens of little things you have to arrange in order to co-parent effectively. Specifically, you will make a schedule of when your children will spend time with you and when your children will spend time with their other parent. Then, you will

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Modification of an order of protection in Illinois
Orders of Protection

How To Modify An Order Of Protection In Illinois

Petitions for orders of protection can be heard with only one person’s testimony. Furthermore, the standard of proof to grant an order of protection can be absurdly low, as only “abuse” in almost any form, can be established by one person’s biased description.   When an order of protection is granted by an Illinois court, one

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Parenting time before a court order is entered in Illinois
Parenting Time

Who Has Custody Of A Child If There Is No Court Order In Illinois

When parents split up they must immediately make arrangements to keep the children’s lives and schedules as stable as possible. Maintaining a consistent schedule for the children is difficult in the opening phases of a divorce. Typically, one parent disappears from the home at the initial stages of the divorce and is absent from the

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Four corners objections in a Petition for Order of Protection
Orders of Protection

The “Four Corners” Defense To A Petition For Order Of Protection In Illinois

Defending against an Order of Protection In Illinois is not easy. Illinois law makes Orders of Protection relatively simple to secure. An Illinois court need only find that abuse occurred to issue an order of protection. “If the court finds that petitioner has been abused by a family or household member…an order of protection prohibiting

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What is Due Diligence In An Illinois divorce?
Family Law

Due Diligence In An Illinois Divorce

The law is full of buzzwords that further qualify other legal concepts. One of the most common terms found throughout law in general and family law in particular is “due diligence.” Due diligence is “[t]he diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge

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Divorce

Can I Get My Husband Or Wife Deported?

As a Chicago divorce attorney who speaks three languages, the issues of immigration and divorce intersect constantly. Understandably upset, clients believe they can solve all of their problems by having their immigrant spouse deported as well as divorced. The reality is that it is extremely difficult to get the Department of Homeland Security to act

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Can you introduce a summary in an Illinois divorce?
Evidence

Charts, Summaries and Calculations In An Illinois Divorce Trial

Too many family law attorneys treat trial like a school project—summarize the facts, cite the law, hand it to the judge like a term paper. But Illinois divorce trials don’t grade on neatness and organization. Illinois trials require evidence, foundation, and admissibility. Evidence must be admitted consistent with the Illinois rules of evidence. Every little

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Parenting time and orders of protection in Illinois
Orders of Protection

Custody Of Children And Orders Of Protection In Illinois

I have told clients for years that the family law system is slow, but it is fair. There is one part of the system that is rapid by design…and has instant results to the benefit of one parent and the detriment of the other parent: orders of protection. Orders Of Protection Lead To Immediate Temporary

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Deeds and divorce in Illinois
Illinois Law

Quit Claim Deeds And Divorce In Illinois

When two people are married and buy real estate, there are incredible incentives to hold the property jointly. Jointly held property has the right of survivorship. If one spouse dies, the entire property passes to the other spouse without the hassle of probate court. “[A]n intrinsic feature of joint tenancy is the right of survivorship,

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Indemnifying debts in an Illinois divorce.
Drafting Considerations

Indemnification And Divorce In Illinois

Indemnification is an important concept in contract law. Most divorces are finalized by a contract which divides assets AND debts. Indemnification provides the functionality of how those debts are paid back and by whom. Debts, Divorce And Indemnification In Illinois Illinois divorce courts “shall divide the marital property without regard to marital misconduct in just proportions” 750 ILCS

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Registering a foreign subpoena
Discovery

How To Issue A Subpoena Outside of Illinois For An Illinois Divorce Case

A subpoena is “[a] writ or order commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply.” Black’s Law Dictionary (11th ed. 2019) Before email subpoenas really would make people come into court (or the lawyer’s office) with all the documents requested and then the lawyer who

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Closing Arguments In An Illinois Divorce Trial
Trial

Closing Arguments In An Illinois Divorce

A closing argument is “[i]n a trial, a lawyer’s final statement to the judge or jury before deliberation begins in which the lawyer request the judge or jury to consider the evidence and apply the law in her or her client’s favor” Black’s Law Dictionary (11th ed. 2019) In an Illinois divorce hearing or trial there

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Denial of Visitation In Illinois
Parenting Time

Withholding or Denying Parenting Time In Illinois

When your child’s parent is not allowing parenting time, you can always call the police and show the police officers the court order. If the police are willing to read a 12 page Allocation of Parenting Time and Parental Responsibilities and then interpret that language based on the facts in front of them…then the police

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