“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, 2
Search our extensive library of family law articles written for lawyers and non-lawyers alike:
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
It is not uncommon for a divorce lawyer to come to the conclusion that their opposing counsel and the adverse party are correct when they say “your client is crazy.” What obligation, if any, does an Illinois divorce lawyer have when they suspect that their client is suffering from a severe mental illness or incapacity?
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
People get married all over the world and then come to Illinois to live. Often, along the way, those same people try to get divorced. So, if you’re married in a foreign country, can you get divorced in Illinois? How do foreign marriages get treated under Illinois divorce law? Firstly, you do not have to
For forty years it was simple to get your spouse off your mortgage so you could keep the marital home after an Illinois divorce. The spouse that kept the marital house would refinance the mortgage. Some of the debt would have been paid off and mortgage rates were typically lower than they were when the
As a divorce attorney, I have been told many times by potential clients that “my spouse is crazy.” Are all these spouses really mentally ill? We can always find out if a spouse has mental health issues using Illinois law. “Information is obtainable as provided in these rules through any of the following discovery methods:
An Illinois divorce divides a couple’s property. Property is either deemed “marital” or “non-marital” by an Illinois court in order to determine whether a court can distribute that property between the parties. In an Illinois divorce, non-marital property automatically goes to the spouse who owns that property. “[T]he court shall assign each spouse’s non-marital property
A divorce represents a complete breakdown of trust between the two parties in a marriage. Due to this lack of trust, the parties involved in a divorce often need to verify information through third parties. The information requiring verification might include the parties’ income, assets, or even late-night activities. The requests for information are allowable
Whether it’s medical treatment or managing their money, people who become disabled need someone to help them make big, complicated decisions. In Illinois, the concepts of Power of Attorney and guardianship allow a person to appoint or have appointed for them a person who can handle their affairs. Power of Attorney and guardianship are two
Divorce is a big step. Many couples will separate with the explicit option that they may, in fact, get back together. A non-permanent separation is called a trial separation. Some therapists will recommend trial separation in order to allow each member of the marriage think clearly about the future of the relationship. Trial separations, by
In a perfect world there would be no divorce lawyers. At the end of their relationship, people would simply go to a mediator who would calmly and rationally divide their assets, calculate support and determine parenting time. While some divorcing couples do use mediators to finalize the terms of their divorce, the majority of divorcing
There is a lot of folk wisdom out there that people assume is true with little to no evidence beyond “it sounds true.” One presumption is that if a man is listed on a birth certificate as the child’s father, he will be deemed the father of that child. In Illinois, while the listing of
I recently saw an advertisement on Facebook that said, “Protect your assets in a divorce with a trust.” Hmm. I am a divorce lawyer who is obsessed with divorce law and strategy. Why had I not heard that a pending divorce could be resolved by simply transferring all of one’s property into a trust? What
The prospect of divorce is frightening. Splitting assets and seeing your children half the time (or less) are harrowing possibilities but the continuing obligation of maintenance (formerly known as alimony) seems the most daunting. Before the divorce, you were supporting one household with two incomes. After the divorce, you may be expected to support two
Lawyers have the enormous and independent power of subpoena. Lawyers can issue subpoenas and those subpoenas have the authority of the court. The subpoena must be answered under the penalty of contempt of court. “[S]ubpoenas may be issued by an attorney admitted to practice in the State of Illinois who is currently counsel of record
There is much discussion as to both the perception of and the strategic impact of filing first in an Illinois divorce. Filing first in an Illinois divorce case is NOT always the smart move, however. There are numerous disadvantages to filing first in an Illinois divorce case. If you are not filing for divorce first,
People break up. But, often one person is not ready for the break up. It is one thing to call or text a former partner to get their attention. It is, frankly, extreme to appear in person at that person’s residence or workplace when uninvited. A polite “no thank you” will, hopefully, be observed and
When considering a divorce, people move money around or even hide assets. Real estate cannot be hidden or moved, however, because you know the address. Can real estate be sold by one spouse without the permission of the other spouse? Property in Illinois can only be transferred if the transfer is by written contract or
At the moment an Illinois divorce is registered, the final court documents capture a moment in time. A moment where both parties are unmarried…but they won’t be for long. People who get divorced usually get married again. A remarriage means an entangling of a spouse’s finances with their new spouse. How does a new spouse’s
The most important value of our law firm is our commitment to our clients. We understand the serious nature of divorce and family law, and we are dedicated to helping you achieve the best possible outcome for your family and your individual set of circumstances. In every case, we fight to achieve the best possible result.
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