“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
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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
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
Living with someone is hard. It’s even harder to live with someone while you’re in the process of divorcing them. Sooner or later, someone has to move out of the house. How do you get exclusive possession of the marital home in an Illinois divorce? Temporary Exclusive Possession Of A Marital Home During An
When people get divorced they move on. Some parents really move on…to other states. When a parent chooses to move to another state during or after the divorce, they’ll need to make a parenting time schedule and parental decision-making order (formerly known as custody) to accommodate that move and their children’s best interests. Illinois
When a child support order is entered in Illinois, that order is either written on a self-composed order by the child support receiver (or their attorney), or that child support order is the county’s Uniform Order For Support. Either order is supposed to include an end date for child support. “An order for support
Child support in Illinois is always owed from one parent to another when they are no longer parenting together or haven’t come to some kind of agreement that waives child support. When does the obligation of child support begin and how does the obligor parent pay the back child support owed? Back child support (also
Divorcing people are more reasonable than you would think. 95% of divorces end up settling out-of-court. But, there are divorce litigants who are so inflamed about the divorce that they refuse any and all attempts to settle. For the spouse who is willing to settle their divorce case, the refusal to adopt or consider a
Being a real estate agent, also known as a realtor, is like being the world’s friendliest gambler. You might sell a house for a client, you might buy a house for a client, or you might not. Either way, real estate agents have to keep smiling through it all. Smiling through challenges is a distinct
Child support and maintenance (formerly known as alimony) in Illinois are determined by both parties’ incomes. A business owner does not receive just a check every two weeks and a W2. A business owner has ongoing revenue and expenses that have to be calculated to determine the business owner’s income. Beyond that, business owners have
Child support is irksome to some people. Some parents just don’t want to pay child support…and usually have an articulable reason for objecting to the payment of child support. Setting child support at zero in an Illinois divorce can be done…but you have to be very careful to prepare the child support order so that
Divorce law is funny in Illinois. We say “dissolution of marriage” instead of “divorce,” we say “maintenance” instead of “alimony,” and we say “body attachment” instead of “an order for arrest.” A body attachment is a big deal! A body attachment is an Illinois court saying, “if you don’t follow our rules, we will lock
Once you have 50/50 joint physical custody of your kids after an Illinois divorce and paternity action, you’re not likely to ever change your schedule. Still, life will come at you with changes like new work schedules, new spouses, and new moves. So, how far away can a parent move and still have 50/50 custody
In today’s society, children are not left alone. Kids just aren’t trusted to be on their own. The concern is rarely the children themselves but outside threats, perceived or real. Still, it is impractical to think that a parent will never ever leave their child alone. Sometimes a parent has to go to the store,
During and after divorce proceedings an attorney can request attorney’s fees from the opposing party, his own client or both parties. An attorney’s time and expertise as an attorney will be compensated via court order. But what about the attorney driving to the courthouse? Can expenses for travel time be ordered by an Illinois divorce
During an Illinois divorce, sooner or later, you will receive an email or a letter that says “pursuant to Illinois Supreme Court Rule 201(k)…” and then a bunch of demands will follow. What is this? A threat? Or just empty legal jargon? Actually, it’s important to know what rule 201(k) is and what you must
People are getting married a lot less lately….or at least getting married a lot later. It’s not uncommon for unmarried couples to not only live together but to buy homes together. What happens when an unmarried couple buys a property and then breaks up? Does either party have a claim to the property they bought
A Judgment of Dissolution, a Marital Settlement Agreement, and an Allocation of Parenting Time and Parental Responsibilities all determine how two formerly married people (or unmarried parents) must conduct themselves in relation to each other post-divorce (or post-judgment of paternity). What happens if one of the parents dies after an Illinois divorce? What happens to
Parenting children is not easy. Parenting children is even harder when you’re not parenting in the same household as the other parent. The shuttling back and forth of children to two different homes is hard on everyone involved. Children are by definition immature and cannot make decisions for themselves but that doesn’t mean children don’t
Note: this article was largely inspired by a lecture made by David Del Re at the Lake County Family Law Conference in February of 2025 which I attended. Mr. Del Re does excellent work and I endorse him and his firm for all family law matters. There’s an old adage in family law courts that
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