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Tracing and Commingling Assets In An Illinois Divorce

By Russell Knight | October 24, 2020
Tracing assets in an Illinois divorce

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 are far more strict in Illinois than in other states, however. The concept of “tracing…

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Who Pays The Mortgage During An Illinois Divorce?

By Russell Knight | October 20, 2020
Mortgage During Illinois Divorce

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 payment needs to be addressed during Illinois divorce proceedings. So, who pays the mortgage during…

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Pregnancy And Divorce In Illinois

By Russell Knight | October 17, 2020
Divorcing while pregnant in Illinois

Children are a blessing…but sometimes their timing is way off. When you’re going through a divorce and you get pregnant or your spouse gets pregnant, your divorce gets a lot more complicated.  Still, that baby is coming and can be dealt with in your Illinois divorce. In Illinois the law doesn’t say much about pregnancy during a divorce. “Virtually everything about a dissolution of a marriage is statutory” In Re:…

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Contempt In An Illinois Divorce Case

By Russell Knight | October 12, 2020
Contempt Of Court In Illinois

If you do something wrong in a court case, you could be held in contempt of court.  What is contempt in an Illinois divorce case? The definition of contempt is broad. “The act of demeaning the court, preventing justice administration, or disobeying a sentence of the court.” Black’s Law Dictionary (10th ed. 2014) In Illinois courts can use contempt proceedings for basically any reason. “A court is vested with inherent power…

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When Do You Need A Court Reporter In An Illinois Divorce?

By Russell Knight | October 10, 2020
Court reporter and Illinois divorce

As if divorce court in Illinois wasn’t intimidating enough, someone is sitting in the corner writing everything down.  That person typing on the little typewriter is the court reporter.  But, sometimes the court reporter is in court and sometimes there’s no court reporter at all.  When do you need a court reporter in an Illinois divorce? In Illinois a court reporter is not just someone who can type fast. A…

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