"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

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Motion To Enforce Vs. Petition For Rule In An Illinois Divorce

By Russell Knight | April 27, 2022
Enforcing court orders in an Illinois divorce

In the course of an Illinois divorce, orders get entered. Those orders govern temporary issues designed to facilitate the entry of the final order, the Judgment for Dissolution of Marriage. The parties to a case are then governed by the words of the written order. If either party violates the order, the other party has the right to return to the divorce court to ask that the order be enforced…

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Penalty Provisions In An Illinois Divorce

By Russell Knight | April 26, 2022
Stipulated damages in an Illinois divorce

The vast majority of Illinois divorces are settled by agreement. These agreements are particular to the couple and the facts surrounding their marriage and divorce. A party to an Illinois divorce may ask the other party to agree to a pre-determined penalty if they violate the Marital Settlement Agreement. For example, a penalty provision may indicate that a failure to pay maintenance on the date due may result in an…

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Real Estate Liens And Divorce In Illinois

By Russell Knight | April 24, 2022
Property Liens In An Illinois Divorce

When people owe you money, you can garnish their checks, throw them in jail until they pay or put a lien on their property. A lien is “a legal right or interest that a creditor has in another’s property, lasting usually until a debt or duty that is secures is satisfied” Black’s Law Dictionary (10th ed. 2014) A lien against real estate is the right to foreclose on that real estate…

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What Is An Offer Of Proof In An Illinois Divorce Hearing Or Trial?

By Russell Knight | April 23, 2022
Offer of proof

When you cannot come to an agreement in your Illinois divorce, you must go to the divorce judge to decide the matter. The divorce judge listens to each party’s presented evidence, admits exhibits into evidence and then applies Illinois law to that evidence in formulating their ruling. Without evidence presented to the court and admitted by the court, an Illinois divorce judge is unlikely to rule in your favor. Therefore,…

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How To Hide Assets In An Illinois Divorce

By Russell Knight | April 23, 2022
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Secret assets in an Illinois divorce

Has anyone really been surprised that they got a divorce? I don’t think so. Instead, couples facing divorce plan for months or years for their divorce. They organize their schedule around the kids. They build up an emergency divorce fund. They compile evidence of their spouse’s misdeeds. People even try to hide assets they believe will be divided in the inevitable divorce. Assets acquired during a marriage will be divided…

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