“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:
Forensic Accountants are necessary in an Illinois divorce when your spouse controls the money and won’t adequately provide documents verifying their income and assets. This scenario is most common when a spouse owns a business, uses cash, or whose financial documents don’t reconcile with each other. What Is A Forensic Accountant In An Illinois Divorce?
Showing up to a court date for your divorce is intimidating. A divorce attorney in Chicago can help explain the filings, deadlines, and court procedures, but the courtroom itself can still feel unfamiliar. Your personal life is falling apart and now you are expected to resolve the issues in a completely formal and foreign environment:
During the divorce process your spouse and you are supposed to exchange documents detailing all of your assets (marital and non-marital). This process is called “discovery.” It is unfortunate but common for spouses to hide assets and not disclose those assets during the discovery process. If the hidden assets are discovered before the divorce is finalized then
How is paternity determined in Illinois? While it may be obvious as to who is the mother of a child (the woman who gave birth to that child) it is not 100% certain who is the father of a child. Our society has decided it is not necessary for every child to undergo a DNA
In Chicago, Illinois, the general rule is that courts have the exclusive authority to modify child support and are not bound by the parties’ agreements concerning child support. Blisset v. Blisset, 123 Ill. 2d 161, 167 (1988). In Blisset, Illinois’ supreme court held an out of court agreement to waive child support in exchange for
In an Illinois divorce case, an appellate court can review final orders, interlocutory (temporary) orders and custody/parenting time orders. The appeal process varies with the ruling involved, and a Chicago divorce attorney can help determine whether an appeal is available and what rules apply. “Every final judgment of a circuit court in a civil case
So, you’ve been served with divorce papers in Illinois. The first page of those papers should have the word “Summons” on top and then the following instructions: “YOU ARE SUMMONED and required to file your WRITTEN APPEARANCE AND RESPONSE…No later than 30 days after service of this summons.” Whether you hire an Illinois divorce attorney or handle
Presenting evidence in an Illinois divorce is complicated. You must establish foundation, authenticate the evidence and be sure the evidence doesn’t violate one of the numerous evidentiary rules. Even after all of that is done, your evidence must still be “the best” type of evidence possible for the finder of fact to inspect and weigh
An appearance is “[t]he formal proceeding by which a defendant submits himself to the jurisdiction of the court.” Black’s Law Dictionary (11th Edition). So, what is an appearance in an Illinois divorce case and how can that appearance affect an Illinois divorce? The Summons attached to a Petition For Dissolution Of Marriage is the notice
Parents get time with their children before, during, and after their Illinois divorce…until they do not. The Illinois Marriage and Dissolution of Marriage Act provides two separate statutory schemes for allowing parents to see their children and, conversely, for forbidding parents from seeing their children. It is crucial that a parent understand those distinctions, often
In an Illinois divorce, the parties’ incomes must be verified. To ensure that a spouse is being paid what they claim they are being paid, ask to see what money they are actually collecting and what money they tell the IRS they are collecting (not often the same thing). By comparing bank statements to tax
Business owner divorces are said to be the hardest divorces to litigate. A corollary to that rule is that a business owner’s spouse, actually, are the most difficult kind of divorce to litigate. Business owners are usually married to people who have no desire for the rollercoaster ride of entrepreneurship. When a business owner and
Heating, venting and air conditioning make our modern society work. Every building must have a HVAC system in order for the interior to be tolerable to human beings. That HVAC system must be maintained constantly by an HVAC company. Those HVAC companies are owned by small to large business people who have complicated person lives
Some things are illegal but everyone seems to get away with them: littering, jay walking, and not paying child support or maintenance. There are laws against the failure to pay support but they are rarely enforced in criminal courts. Therefore, the support-receiver must exhaust all efforts in divorce court before invoking the State or Federal
Owning a business is challenging, extremely validating and, hopefully, very lucrative. A business owner’s divorce is, by far, the most difficult kind of divorce because the value of the marital portion of the business must be valued and divided. The people that ultimately determine the value of your business, judges, have never owned a business.
In the lead up to a marriage there is much thought given to how to build a life together but very little thought as to how those intertwined lives would be unwound if there was a divorce. People entering into a marriage with significant assets always think about how to unwind the marriage…with all their
While questioning a witness in an Illinois divorce hearing or trial, the witness may provide an answer…that is not the answer to your question. When that happens, a Chicago divorce attorney can help keep the examination focused by recognizing when an objection may be appropriate. Answering a question with an evasive or equivocal answer is
Most people have two big assets: their home and their retirement savings. The retirement savings are usually kept in a tax-deferred account like a 401(k). 401(k)s are a great tool for savers. 401(k)s are automatically funded from employees’ paychecks. Employers can also match 401(k) savings. 401(k) funds are not taxed until they are withdrawn (which
A lot of strategy in a divorce is about timing. For most people, they want to get divorced as quickly as possible. The sooner a divorce is over, the sooner your obligations to the marriage end. Still, a Chicago divorce lawyer can help you understand how timing affects financial, parenting, and other unresolved issues in the case.
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