Are Chicago Courts Still Open During The Coronavirus Pandemic?
The simple answer is yes, the Chicago courts are still open during the Coronavirus/COVID-19 pandemic. But, there is much more to it or we wouldn’t be writing this article. Chicago divorce courts fall under “Civil” courts category. As you would see in our previous...
My Divorce Lawyer Filed A Motion To Withdraw In Chicago, Illinois. Now what?
If you’re in the middle of a divorce in Chicago, Illinois then you know that nothing lasts forever. This may even include the relationship you have with your divorce lawyer. When you or your divorce lawyer decide to terminate your professional attorney/client...
How Long Do You Have To Wait For A Divorce In Illinois?
Can you just walk into a court in Illinois and ask for a divorce? It doesn’t seem like it should be that easy to get a divorce. It feels like there should be some kind of waiting period so that unhappy couples can work on things before they actually get divorced. ...
Pro Bono Divorce Lawyers Chicago
Divorce is expensive. Divorce with children is even more expensive. Divorce lawyers in Chicago, Illinois can charge over $400 an hour and ask for $ 5000 retainers. This is far outside the means of many Chicago residents. Yet, lower income Chicago residents still...
Chinese Speaking Divorce Law Firm In Chicago Illinois
At the Law Office of Russell D. Knight we love languages! Russell D. Knight speaks Spanish and French. Rahul Iyer speaks Hindi and Tamil. After years or representing Chicago's Chinese-American community in divorce and family law matters while relying on translators...
Freezing Assets During an Illinois Divorce
When a divorce begins, there is a fundamental lack of trust between the two spouses. This lack of trust is especially strong when it comes to finances. There will always be suspicion that one spouse will try to hide of remove assets from the marriage. Because of this,...
Is My Chicago, Cook County Divorce Or Paternity Case On Hold Because Of The Coronavirus?
The short answer is that, yes, your paternity or Chicago divorce case will be put on hold for 30 days because of the coronavirus. For more details see below. On March 13, the chief judge in Cook County Courts, Timothy Evans, issued the following court order because...
Response To Petition For Dissolution of Marriage Illinois
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...
How To Get A Quick Divorce in Illinois
Getting a divorce in Illinois sounds like a long and arduous process. Illinois is not known for having an efficient legal bureaucracy. So, getting a quick divorce in Illinois sounds impossible…but it doesn’t have to be. There are many ways to get a quick divorce in...
Flat Fee Divorce Lawyers in Chicago Illinois
Many divorce lawyers and family attorneys offer flat fee pricing for their services. Most divorce lawyers in Chicago stick to the billable hour method to calculate their fees. In this article, I will discuss the pros and the cons of using a flat fee billing method...
Indian Divorce Lawyer in Chicago, Illinois
There are over 100,000 Indian-Americans in the Chicagoland area. There are a smaller number of Pakistani and Bangladeshi-Americans in the Chicagoland area but all three groups are an expanding, vibrant and successful demographic. Unfortunately, even South...
Personal Injury And Divorce in Chicago, Illinois
Big changes in life can often be a trigger for a divorce. There are fewer bigger changes than sustaining a significant personal injury and then receiving a subsequent settlement or award for that personal injury. Often, this change in physical and financial...
Unmarried Couples and Dividing Property In Illinois
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...
How Do You Get Legally Separated in Chicago, Illinois?
Legal separation is a good scenario for conflict: not quite married, not quite divorced. Not surprisingly, people are always getting legally separated on television because it adds conflict to a storyline. This leads the American public to believe that legal...
Disqualifying a Divorce Lawyer in Illinois
Most people don’t know much about divorce before entering the process. They hear from friends and relatives’ bits and pieces, almost always scandalous and dispiriting. Then the rest they pick up from television and movies such as the ability to disqualify a divorce...
Children’s Extracurricular Activities And Divorce
Children are expensive. Children need to be fed, clothed and cared for when they’re babies. Then when children get into school, they inevitably get into activities that require some kind of financial contribution from the parents. When the parents of the children are...
How To Challenge A Judge’s Decision In An Illinois Divorce?
The whole point of going to court in a divorce is to get a ruling from the court. If you and your spouse cannot agree on an issue in your divorce, either of you may ask the court to make the decision based on the facts of your divorce case as applied to Illinois...
Russell Knight Attends National Family Law Trial Institute
This past week, I spent 8 days in Houston, Texas, at the annual National Family Law Trial Institute's Regular Program. This was not a conference where you attend a few lectures and then spend the rest of the day at happy hour. This conference was 9 to 10 hours a day...
Parenting Alone In Chicago # 20: The Garfield Park Conservatory
This is number 20 in my series of things to do with your kids during or after a divorce or separation. I always truly believe in putting the kids first during a divorce. Whether it’s recommending a therapist or just suggesting something to do with the kids for the...
Taxes and Divorce
Whenever money is being transferred there is a possibility of taxes. Perhaps there is no bigger transfer than the transfer of assets and income during divorce. Therefore, taxes and divorce must be considered together when negotiating and finalizing a dissolution of...
Family Law and Immigration: Special Immigrant Juvenile Status Cases
I am often called on by my fellow lawyers who practice immigration law to enter an order in the family law or domestic relations courts of Cook County. A family law lawyer can often be the only one to establish the "findings of fact" necessary to grant immigrants...
Wills, Trusts and Divorce in Illinois
Estate planning is making preparations for the transfer of a person's wealth and assets after his or her death. Typically, this is done by setting up a will or a trust. People set up estate plans to benefit their loved ones especially their husbands and wives. But,...
Illinois Divorce With A Child
Divorces are difficult wherever they are. An Illinois divorce with a child or with children is even more difficult. I often tell clients who have no children or have grown children, “your divorce is automatically 75% easier than the average divorce with a child.” Is...
What Happens To Foreign Property In A Divorce?
A married couple may be from a foreign country, have a foreign vacation property or habe simply diversified their investment portfolio by buying foreign property. Property is still property no matter where it is located. The question is "What happens to foreign...
Common Law Marriage in Illinois
In the old days, folks would just get married in a church, jump a broom, or just start living together. Before 1905, people in Illinois did not have run down to the county clerk to register their marriage. Our forefathers would just say, “Well, we’ve been together for...
Inheritance and Divorce in Illinois
Inheritance money is rarely given to a couple together. Last wills and testaments almost always read “to my dear my son” not “to my dear son-in-law.” So, when the deceased wished that a property go to a single person, that property should stay with the single...
How To Value A House In a Divorce
For most divorcing couples the marital home is the most valuable asset they have. If that house was purchased while the couple was married, the house is a marital asset and therefore divisible in a divorce. Even if the house was purchased before the marriage, if the...
What Should Child Support Cover in Illinois?
Child support in Illinois is calculated based on a complicated formula where both parents’ incomes are used to calculate the non-custodial parent’s obligation to the custodial parent. This amount of money is then ordered to be paid by the non-custodial parent to the...
Adultery And Divorce in Illinois
When a marriage breaks apart, it’s a horrible and painful process. When adultery is the cause of the break up, it makes things even harder. Beyond the mere hurt of being rejected for someone else, the betrayal and lack of trust after adultery makes everything about...
Can You Go To Jail For Not Paying Child Support in Chicago, Illinois?
You can definitely be put in jail for not paying child support in Chicago, Illinois…but it takes a while. Petition for Rule To Show Cause An order for child support is a court order like any other order from the court. If child support is not being paid pursuant to...
What Are The Grounds For Divorce In Chicago, Illinois?
In the old days you couldn’t just ask for a divorce because you wanted one. You needed “grounds” or a tangible reason to be divorced. The grounds for divorce in Illinois would be adultery, desertion, imprisonment, etc. This meant that you’d have to prove these...
What Is A Parenting Coordinator In A Chicago Divorce?
A divorcing couple is inherently in a state of disagreement. When the parties have children, the disputes between the couple can bleed into the temporary parenting arrangement. Sometimes the dispute is so severe that the parents cannot even communicate in order to...
Parenting Alone In Chicago Number 19: Polar Adventure Days at Northerly Island
During Chicago winters, it’s incredibly easy to find a reason to stay indoors, especially with all the articles available in this series, but to avoid the colder season altogether would be to throw the baby out with the bathwater. Kids in Chicago already stay inside...
Do I Have To Come To Court For My Chicago Divorce?
Yes. You have to come to court during your Chicago divorce. At least once, if you’re both agreed, unless you’re the Respondent (the person who didn’t file) then you don't go to court, you just need to sign the final documents and the Petitioner will go to court. If...
Uncontested Divorce In Chicago, Illinois
Uncontested divorce in Chicago, Illinois is common and simple. If you want a divorce and your spouse wants a divorce too then you do not need to go through the entire divorce process? The formal service, the mediation, the exchange of documents and the trial can all...
Gifts and Divorce In Illinois
When considering gifts and divorce in Illinois, we must first acknowledge that all of the property you have at the time of the divorce can be classified as either marital or non-marital for the purpose of division of assets. In short, marital property get divided and...
Parenting Alone in Chicago Number 18: Little Adventures Cafe
This is the 18th edition of "Parenting Alone in Chicago." A series of articles I publish that help provide ideas and details for single parents when they exercise their parenting time after a divorce or separation. Sometimes, when looking for a place for your younger...
How Can I Get Divorced Faster in Chicago, Illinois?
Divorces are stressful at best and awful at worst. Often the only thing you can honestly hope for is that the divorce is over quickly. People in Chicago facing divorce should be asking "How can I get divorced faster in Chicago, Illinois?" A divorce happens in...
How Do I File An Emergency Motion in Chicago, Illinois?
Divorce and paternity cases seem to have a lot of emergencies that require the attention of the court, especially in Chicago, Illinois. So, How do you file an emergency motion in Chicago, Illinois? What Is A Motion? Typically, if two parties disagree about something...
Reverse Mortgages and Divorce in Chicago, Illinois
A reverse mortgage is a special financial instrument that functions a lot like a mortgage only (obviously) in reverse. When a homeowner takes on a reverse mortgage, the homeowner gives the title to the financial institution. In exchange, the financial institution...
How Are The Holidays Handled During And After A Chicago, Illinois Divorce?
The holidays are a hectic time. Divorce with a child only makes the holidays more hectic. How do the holidays work during and after a Chicago, Illinois divorce? The Parenting Plan When two parents are no longer living together, they must come to an arrangement...
Parenting Alone In Chicago # 13: Millenium Park
This is number 13 in my series of things to do with kids if and when you’re parenting alone. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide of things to do with your kids in a city that is not too...
Free Consultations vs. Paid Consultations for Chicago Divorce Lawyers
Free consultations by divorce lawyers are common in some situations and rare in others. It often depends on what exactly you are consulting about. Free Consultations In Chicago, Illinois, my office offers free consultations largely because every law office in the...
Can I Sell My House During My Chicago, Illinois, Divorce?
Owning a house is a big deal, financially. So, what happens to your house during a divorce in Chicago, Illinois? Most people’s biggest asset is their house. But, the marital home is typically held by two people as a couple together because, as a couple, they were...
Divorce In Chicago
Looking into divorce in Chicago means learning about the rules that govern divorce in Chicago, Illinois. Divorce in Chicago is governed by a series of rules: The Illinois Complied Statutes, the Illinois Supreme Court Rules, The Cook County Court Rules, case law and...
Parenting Time And The Alcoholic Parent
Alcoholic parents make divorce and parenting time extremely challenging. 30% of American adults don’t drink at all. Another 30% have less than one drink a week. The top 10% of drinking Americans drink an average of 73.85 drinks a week. The second decile of drinkers...
Can I Afford To Get Divorced?
Affordable divorce in Chicago, Illinois. Is it possible? What does a divorce cost in Chicago, Illinois? You’ve spent years planning your life together. All of your plans involved you both remaining together as a couple. You got a house big enough for the two of...
Parenting Alone In Chicago # 4: Pickle’s Playroom
This is number four in my series of things to do with children while you’re parenting alone. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide of things to do with your kids in a city that isn’t set up for...
What Happens If My Husband Or Wife Dies During My Divorce?
Divorces can take years and there is always the possibility that a party in a divorce case may die during the divorce. This means the divorce will not be finalized and then the marital estate remains unsettled and undistributed. What happens when a husband or wife...
Life Insurance and Divorce in Illinois
Life insurance is an insurance against a person’s life in that it pays out money upon the death of the person. People typically purchase life insurance to support their family if, God forbid, they are no longer able to support their family due to death. What happens...
How Much Will My Divorce Cost?
After the anxiety of “what will happen to me and my kids in my divorce?” the question of “how much will my divorce cost?” can be the next most worrisome question. After all, you will have read through the articles on my website and the websites of other lawyers about...
Can I Put My Divorce On Hold In Chicago, Illinois?
***Update for the corona virus*** People keep visiting this article to find out if their divorce is on hold in Chicago. Well, as of March 17, 2020 all Chicago domestic relations cases will be on hold until April 15th as the court house will be closed. Only emergency...
Parenting Alone In Chicago # 3: Chicago Children’s Museum
This is the third in my series about places to go when you have the kids in Chicago for the weekend, the day or just the afternoon. There’s lots to do in Chicago but not a lot do with kids. Hopefully, these articles will help you find a place to enjoy your quality...
What Is A Guardian Ad Litem Or Child Representative in Chicago, Illinois?
As you approach a Cook County Domestic Relations Courtroom you’ll notice a numbered list hung beside the courtroom door. That list will contain your case number, your name, your spouse’s name, and the names of a hundred other people whose cases are before the judge...
Can I Change The Locks During My Chicago, Illinois Divorce?
In Illinois, there is not a specific “lock changing law” when it comes to divorce or any other domestic relations matter. But effectively, you are evicting your spouse from the marital home when you change the locks. If you and your spouse are co-owners of the...
Parenting Alone In Chicago # 2: The Field Museum
This is part 2 in my series , Parenting Alone In Chicago. I like to write articles. Whether you’re divorced, separated, or just have the kids for the weekend. I hope that I can help you plan some quality time that your kids and you will always remember as you learn...
Bigamy and Divorce in Chicago, Illinois
Black’s law dictionary defines bigamy as “the condition of having two wives or two husbands at the same time” In Illinois, bigamy is a crime whether you are the person that is married twice or you are one of the husbands and/or wives. “A person commits bigamy when...
Social Security and Divorce in Chicago, Illinois
Social Security and divorce have interesting effects on one another. Social Security is the United States’ federal government’s system for making regular payments to people if they are disabled and/or elderly. People who are getting divorced and also receiving a...
Can My Spouse Make Medical Decisions For Me If We’re Getting Divorced In Chicago, Illinois?
Yes. In Illinois, if your spouse has 1) not yet divorced you, 2) you have no health care power of attorney, and 3) you are not conscious then your spouse can make medical decisions on your behalf. Understandably, this is disturbing at best and terrifying at worst. ...
How Do I Know If My Prenuptial Agreement Will Be Enforced In Chicago, Illinois?
When two people get divorced in Illinois, they follow the procedures of the Illinois Marriage And Dissolution of Marriage Act to determine what will happen to their assets and incomes upon entering the final judgment of dissolution of marriage. In lieu of following...
Being A Spanish Speaking Lawyer In Chicago
I’m 6’2” and all my ancestors are from Great Britain. Actually, I'm Canadian by birth. Yet, here I am, one of the Spanish speaking lawyers in Chicago. When I speak Spanish with a good accent (rolling Rs) people are often confused. The best compliment I ever received...
Bankruptcy and Divorce in Chicago, Illinois
Whether you or your spouse have filed for bankruptcy and then divorce, or divorce and then bankruptcy, you'll need to know how bankruptcy and divorce affect each other. It’s important to understand that there are two types of personal bankruptcies because the impact...
Parenting Alone In Chicago # 1: Lincoln Park Zoo
This article will be the first in a series of articles I will write about advice on how to parent in Chicago alone. Whether you're divorced, separated or just have the kids alone for a weekend, constructive activities are an important way to turn your time with your...
What Will Happen To My Health Insurance In My Chicago, Illinois Divorce?
While there’s no actual law regarding health insurance and divorce, in Chicago, Illinois as long as you’re married, you have the right to stay on the policy of your insured spouse. Conversely, as long as you’re married, you must maintain health insurance for your...
When Will My Chicago, Illinois Divorce be Truly Over?
As you might infer from the question, there is never a time your divorce case can truly be considered “over” or “finished”. Before we go onto why, let’s talk about divorce procedures briefly. Illinois law governs divorces in a section of the statute called the...
What Are Sanctions In A Chicago, Illinois Divorce?
According to the law.com legal dictionary, a sanction is defined as “a financial penalty imposed by a judge on a party or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court. If a fine, the sanction may...
Who Gets To Claim The Kids On Their Taxes In A Chicago, Illinois Divorce?
Short Answer Whatever the divorced parties agree to can be put in the final order or in subsequent orders. If you don't agree as to declaring the children for tax purposes the judge will usually order an alternating schedule for declaring the child for tax purposes so...
What Happens If My Husband Or Wife Lies About Their Assets Or Income in My Chicago, Illinois Divorce
Illinois divorce law relies on both parties disclosing all of their assets and income to the other party in order to settle their divorce. But what happens if one party lies about their assets or income in a Chicago, Illinois divorce? Before we jump into this topic...
Does My Husband or Wife Have To Be Personally Served In My Chicago, Illinois Divorce?
Do I have to serve my husband or wife in my Chicago, Divorce? We’ve all seen the movies where a stranger nonchalantly hands a character some documents and quietly says, “You’ve been served.” The character then looks at the papers with surprise and is completely...
What Should I Bring To A Consultation With A Divorce Attorney In Chicago, Illinois?
Many people hire me to handle their divorce or parentage action in Chicago without meeting me personally. They see my reviews online or they can tell that I “know what I’m talking about” after a quick phone call. I always prefer to meet my potential clients...
How Long Does a Divorce Take In Chicago, Cook County, Illinois?
A divorce in Chicago, Cook County, Illinois can take as little as two weeks and as long as three years. It all depends. Let’s work through what can make a divorce take so much time. A Divorce With A Full Agreement If you come to your lawyer with a full agreement...
Travel Outside Of The Country With Your Children After A Divorce Chicago, Illinois
Taking your children outside of the country after a Chicago, Illinois divorce is a big step. When you travel abroad with your children, you are taking your children outside of the jurisdiction of the court that entered your divorce decree, Cook County, Illinois. In...
I Live In Chicago, Illinois But Spend The Winters In Florida. Where Do I File For Divorce?
Many successful people keep homes in Florida and Illinois. When these people consider divorce in Florida or Illinois, they need to consider the strategic advantages and disadvantages of both jurisdictions. I am uniquely qualified to answer this question as I am...
What Do I Need To Prove To Get A Divorce in Chicago, Illinois? Do I Need To Prove An Affair? Do I Need To Prove Abuse?
Starting from January 1, 2016, Illinois joined a majority of states in the USA in eliminating all the fault-based grounds for divorce. This was done through Public Act 99-90 that removed all fault-based grounds for divorce and the only ground remaining that a party...
How Will My Retirement Or My Spouse’s Retirement Effect My Chicago, Illinois Divorce?
Divorce law in Illinois is largely written for couples with two working adults who may have children. Illinois divorce law doesn't explicitly consider retirement and divorce. But, many principles can be derived from the statutes and case law so that your retirement...
Do I Have To Pay For My Child’s College If It’s Bad School After A Chicago, Illinois Divorce?
After an Illinois divorce, your obligation to pay child support ends when a child has turned 18 or graduated high school (whichever comes last) but you are still obligated to contribute to your child's college education. But what if your child elects to attend a...
How Do I Seal My Chicago, Illinois Divorce Court File?
Did you know that all of the filings in your Chicago, Illinois, divorce are accessible to the public? How do you keep your divorce file private? It's called sealing your divorce file. In Cook County, Illinois, (which includes Chicago) you can’t look at the documents...
In Chicago, Illinois, Can I Make An Out Of Court Deal With My Ex?
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...
What Is The Right Of First Refusal In A Chicago, Illinois Divorce or Parentage Case?
Illinois divorce law is specific that at least one of the child's parents should be with the child if possible. If not, you can invoke "the right of first refusal." Often a parent will exercise his parenting time without actually being with the child. The worst cases...
In Chicago, Illinois, How Do I Live In The Same House As My Spouse During My Divorce?
Often divorce clients first questions are “should I move out? If I move out won’t I be accused of abandoning the family or relinquishing my claims to the marital home?” In regards to children, parenting time and custody issues, moving out is a strategic decision that...
I have an agreement with my spouse. Is that enforceable in a Chicago, Illinois court?
ATTENTION: There is new case law since I wrote this that may effect any Chicago, Illinois out-of-court agreements. Learn more here. Typically, all agreements in the context of a divorce or parentage case must be entered with the court as an agreed order. This...
Limited Scope Appearances in Illinois Family Law Cases
Oftentimes, a Chicago, Illinois family law lawyer will suggest to his client that he or she provide a “limited scope appearance.” A limited scope appearance is exactly what it sounds like: an appearance by an attorney in a case for a very specific issue or hearing,...
I used non-marital funds to purchase the family home in Chicago. Do I get those non-marital funds reimbursed?
When non-marital funds are used to purchase the family home in a Chicago divorce, it is difficult to determine exactly what happens to that marital home in the event of a divorce. In short, it depends how the family home was held. If the family home was held in your...
How Can Therapy Help With My Chicago Divorce?
Break ups are always hard, but breaking up from your spouse can be a particularly painful process. Not only are you separating apart from someone you’ve loved; you are also uplifting and recreating a whole new life for yourself. Divorces are messy. They require...
What Is A Pre-Nuptial Agreement in Chicago, Illinois?
The term “pre-nup” is part of pop culture’s nomenclature. We hear about it on television, we hear about celebrities and athletes entering into pre-nuptial agreements, and we hear about it in music. However, how does a pre-nuptial or premarital agreement actually work,...
How Do I Deny Paternity In Chicago, Illinois?
We all know that to find out if a child is yours or not is simply a matter of taking a DNA test. But how do you establish that legally in Illinois that you are not the father? Or, more formally, how do you deny paternity in Chicago, Illinois? The first step is to...
Bitcoin, Other Cryptocurrencies And Divorce
In 2017 millions of people invested in Bitcoin and other cryptocurrencies. Millions of people also got divorced. Therefore, several Bitcoin owners got divorced and had to address the division of their marital assets…which included this new and strange asset which is...
My Cook County Marriage Certificate Might Be Invalid. What Do I Do?
In Illinois there is a great deal of law as to what makes a marriage valid. 750 ILCS 200 et al. A marriage license must be applied for, a marriage must be solemnized and the marriage license must be recorded appropriately. It is exceptionally rare for a marriage...
What will happen to my 401k or pension in my Chicago, Illinois Divorce?
After child custody and support issues are settled, the next question on most divorcing peoples minds is 'What will happen to my 401k or pension in my divorce?" As with any property in the marriage, the first order of business is to determine whether the property is...
How Do I Get An Order Of Protection In Cook County?
Orders of protection in Cook County can be obtained either through the criminal courts or through the civil courts. A criminal order of protection is obtained through the underlying crime (usually assault or battery). The state's attorney should provide you with the...
What Are A Grandparent’s Visitation Rights in Chicago, Illinois?
Grandparents rights in Illinois. It certainly sounds like it should be a thing...but it really isn't in most circumstances. For years Illinois had a “grandparents’ rights” statute in the Illinois Marriage and Dissolution Act. Then in 2002, Wickham vs. Byrne, 769...
Practical Advice Concerning Telephone Contact With Your Children
In Illinois, the only law regarding telephone or electronic contact with children is the requirement that "provisions for communications, including electronic communications, with the child during the other parent's parenting time," 750 ILCS 602.10(e)(11), be included...
My Husband or Wife is supported by their parents. Does that affect my maintenance or child support in my Chicago divorce?
Often, during the pendency of a divorce the couple find themselves supporting two households and trying to maintain the standard of living for both of the households while having just one income. In the absence of assets to live off, typically, this means the...
Who Gets The Jewelry In A Chicago, Illinois Divorce?
Jewelry is a peculiar asset: it’s value has to be estimated and it can often “disappear”. Most all, it is usually a gift. But, who gets the jewelry in a Chicago, Illinois divorce? In Illinois, the first step is determining whether the jewelry is marital property or...
How Will The New Tax Law Affect Maintenance (Formerly Known As Alimony)
Before the new tax law was passed by Congress and signed into law by the president on December 20, 2017, 26 U.S. Code Section 71(a) read “Gross income includes amounts received as alimony or separate maintenance payments” which mean that the alimony or spousal...
Who Gets To Live In The House While We’re Getting Divorced In Chicago, Illinois?
When someone asks me "Who gets to live in the house during the divorce?" My first advice to any potential client is that you have to take care of yourself first. Take care of your physical, mental and emotional health. Most often this means moving out and away from...
I have sole custody. We live in Chicago. Can I move the children wherever I want?
What Is Sole Custody? In Illinois, sole allocation of parental responsibilities (formerly known as "sole custody") allows a parent to be solely responsible for making decisions for a minor child. Statutorily, these decisions are broken down into four different areas,...
What To Do If Your Ex Lives With A Sex Offender in Chicago, Illinois
New relationships of your ex can always be full of concern. You find yourself dealing with a third-party who has not been vetted and someone who your ex has selected. While many significant others are harmless, in some instances, they can have a criminal past. This...
Can I get my husband or wife deported?
As a Chicago attorney who speaks three languages, this issue comes up constantly. Understandably upset clients believe they can solve all of their problems by having their spouse deported as well as divorced. The reality is that it is extremely difficult to get the...
Chicago Illinois Divorce Timeline
To start, one of the spouses hires a lawyer, who files a petition for them in court. This document states basic facts about the marriage. The spouse will be referred to as the petitioner for the rest of the case. The lawyer serves the other spouse with a summons to...
My Ex Owes Me Child Support. How Do I Collect That Child Support In Chicago, Illinois?
Whether you had an Illinois divorce with a child or you had an Illinois parentage case, if your ex owes you child support it is presumed that an order was entered in an Illinois court requiring him or her to pay child support. If the other parent has not paid child...
Can My Spouse Pay My Attorney’s Fees in Chicago, Illinois?
In Chicago, Illinois, there are two ways that your spouse can be responsible for your attorney’s fees: 1) the interim attorney’s fees (those fees that are owed to an attorney during the divorce) and 2) Final attorney’s fees (those fees which are owed at the end of a...
In Chicago, Illinois, is property acquired after separation marital or non-marital property?
In 12 years of practicing family law in Chicago, Illinois I've found that parties almost always separate and begin pursuing separate lives before they even file for divorce. Often, the parties will then believe that a “line in the sand” has been drawn where their...
Will My Children Have To Testify In My Chicago, Illinois Divorce?
Children are, indeed, a part of a family and their voices can be used to influence the eventual structure of that family after the divorce. Yet, it isn't always certain that children will or will not testify in a Chicago, Illinois divorce proceeding. In Chicago,...
My work schedule doesn’t allow me to have regular, specific time off. How will I see my children in Chicago, Illinois?
This situation is extremely common for Chicago's firemen, police, and hospital workers. Typically, some kind of letter is required from your employer outlining the conditions of your employment including the scheduling arrangement. If your schedule is truly in...
How Can I Reduce My Child Support In Chicago, Illinois?
Child support is always modifiable. Once a child support payor understands that the next question is always "How can I reduce my child support?" In Chicago, Illinois, to obtain a reduction in his or her child support obligation, a parent must prove that there has...
I Bought Something With My Spouse Using Non-marital Property. What Will Happen In My Chicago divorce?
In a Chicago, Illinois divorce, all property held by either of the two parties (or both) is either marital property or non-marital property. Marital property is divisible in the divorce proceedings while non-marital property stays with the person in possession or...
Illinois Divorce Law Is Changing Again
Illinois Family law is changing once again with the passage of public act 100-520. Some of the new changes include: 750 ILCS 5/21-103.5 now requires that any petition to change a child’s name require notification to a parent or any person who has been assigned...
I am behind on my child support in Chicago, Illinois. What’s going to happen?
Two different parties can cause you big problems if you’re behind on your child support in Chicago, Illinois: 1) The parent you owe the money to and 2) The Cook County clerk of court. The parent you owe money to may file a Petition For Rule To Show Cause (And...
I want to move with my child out of Chicago, Illinois? Can I?
If you're engaged to someone out of town or you've got a better job offer in another state, you may want to move out of Chicago, Illinois with your child...whether the other parent likes it or not. Before 2016, the Illinois Marriage and Dissolution Act allowed a court...
How do I change my child’s last name in Chicago, Illinois?
Maybe your child has your last name and now you want to give your child the father's (biological or not) last name. You are going to need to know how to change a child's last name in Chicago, Illinois. When changing anyone’s name in Chicago, Cook County, Illinois you...
How Do I Calculate Child Support In Chicago, Illinois?
How do I calculate child support in Chicago, Illinois? Effective July 1, 2017, courts in the State of Illinois implemented changes to how child support is to be calculated. Going forward, child support obligations will be calculated using something called the “Income...
In Chicago, Illinois, how can I change my parenting time or visitation?
A child's schedule and yours will change dramatically as the child grows older and your life condition changes. You will need to know how you can change your parenting time or visitation in Chicago, Illinois. If there is no previous Cook County court order you can...
I signed a Mahr and I’m getting divorced in Chicago, Illinois. Can I enforce the Mahr in court?
In Islam,a mahr (also transliterated mehir, mehr, meher, mehrieh or mahriyeh) is a mandatory payment, in the form of money or possessions paid or promised to pay by the groom, or by groom's father, to the bride at the time of marriage, that legally becomes her...
In What Court Houses Do We Practice Law?
I only practice Family Law and I only practice in Chicago, Cook County, IL. Specifically, I will only handle cases in the Richard J. Daley Center at 50 W. Washington, Chicago, Illinois. This is the largest court building in the world. Tens of thousands of family...
What If My Spouse Conceals His Or Her Assets And I find Out After We’re Divorced In Chicago, Illinois?
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...
In Chicago, Illinois, Is Permanent Maintenance Really Permanent?
Maintenance (formerly known as alimony) is awarded for a period of time after the divorce. Maintenance can be for just a few months or maintenance can be permanent in Illinois. Illinois law provides that maintenance (formerly known as alimony) is awarded “For a...
Division of Martial Assets In a Chicago Divorce
One of the key functions of a divorce is the division of property acquired during the course of a marriage. Illinois is an ‘equitable division’ state, meaning the courts are inclined to divide all marital property equitably. This can be either 50/50, 60/40, or another...
Allocation of Parental Responsibilities and Parenting Time
For years, Illinois statutes referred to decision making for the children of separated parents as “custody” and the time spent with the children by the non-primary parent as “visitation”. As of January 1, 2016, the Illinois state legislature changed all the...
Spousal Maintenance in Chicago Illinois
Spousal Maintenance is a monetary sum paid by one spouse for the benefit of the other spouse upon separation or the dissolution of marriage; also called “alimony” or “spousal support.” In determining how much one spouse will pay another spousal maintenance (formerly...
What is Discovery in a Chicago, Illinois Divorce Case?
What is Discovery? Discovery is the process through which attorneys, prior to a trial, obtain information about a case they will be involved in. They usually do this through such actions as sending and receiving series of questions (called Interrogatories) and their...
Hear Chicago Divorce Lawyer Russell Knight Interviewed on AM560 Regarding Divorce Law
It was my pleasure to be interviewed regarding divorce and real estate on Chicago's AM 560 The Answer If you have questions about your own divorce and real estate, please contact my Chicago law office and set up a free consultation. This interview was held on AM 560...
4 Things You Can Do to Have a Cheap Divorce at Our Chicago Office
Divorce is expensive. My office focuses on providing value for the clients. While we do everything we can do to provide maximum value at minimal cost there are many things a client can do to reduce his or her fees. Talk to the Assistants/Paralegals before Talking to...
Parenting In Alone In Chicago # 5: McCormick Tribune Ice Rink
This is number five in my series of things to do with children while parenting alone. Whether you're divorced, separated or just have the kids for the weekend, I hope these articles can help you enjoy quality time with your children. Chicago has more to offer than...
In Chicago, Illinois, after I’m divorced do I have to pay for college for my children?
If the Cook County Court orders, you must contribute to your children's college expenses after a divorce. The Illinois Marriage and Dissolution of Marriage Act 750 ILCS 513 says that either or both of the parents can be ordered to pay "educational expenses for any...
When is mediation required in a Chicago, Illinois divorce case?
Mediation is a great idea for any divorce. Mediation can help eliminate some or all disagreements and thereby eliminate the need for most of a divorce lawyers work. But often the parties to a divorce are in such disagreement that mediation is impossible. When is...
In Chicago, Illinois, can the court award me custody of my dog, cat or pet?
For years, the answer to Chicago divorce pet custody questions has been, “There is no custody for animals. Pets are treated as property and divided as such. In theory, if you don’t agree as to who gets the animal, the court could order you to sell the animal and split...
In Chicago, Illinois, do I have to support my adult disabled child?
Illinois courts have long required parents to support their adult children while they are in college but as of January 1, 2016, parents may now be obligated to support their adult children if they are physically or mentally disabled. “The court may award sums of money...
In Chicago, Illinois, If I Remarry The Same Person, Are Assets Divided In The First Divorce Marital Again?
After years of practicing family law in Chicago, Illinois, I’ve come to find that remarrying the same person is far more common than you’d think. Divorcing that same person a second time is also common. The division of assets from the first divorce means all those...
How to Use the Cook County Clerk Docket
Navigating any legal situation can be a nerve-wracking and overwhelming experience and it can be difficult to keep track of important information such as the case number, upcoming court dates, and judge assignment. As a reference for participants and attorneys, the...
In Chicago, Illinois, Can I Terminate Child Support If My Child No Longer Lives With Either Parent?
Child support is designed to provide additional funds to the "residential parent" from the "non-residential parent." That is, child support is for the extra food, shelter and clothing the resident parent is spending on the child. But what happens when the child no...
Can my spouse see my text messages?
One of the newest technological advances of the 21st century is the ability to communicate quickly and effectively with one another via text. Text messaging is commonplace and often is preferred to talking directly on the phone. However, sending a text message creates...
How do we determine which district my child will attend school in Chicago?
In Illinois, you can come to any kind of agreement with your ex as to where the child will attend school. Specifically, 750 ILCS ILCS 602.10(f)(6) requires that a parenting plan must include “the child’s residential address for school enrollment purposes only”. If you...
In Chicago, Illinois Can I Record My Conversations With My Spouse?
Many people believe they can get some kind of leverage in a divorce case by recording their conversations with their spouses or exes. What’s more, recording a phone call is now extremely easy due to the record functionality being available on virtually all...
Can I Change My Judge in Cook County, Illinois?
In a contested Chicago divorce, a judge has enormous power your future and the future of your family. Therefore, you're going to want to a judge who will fairly consider all the factors in your divorce case. If you believe the judge you have cannot rule fairly you...
In Chicago, Illinois Can I Sue The Person Who Stole My Wife Or Husband From Me?
You can sue the person who seduced your husband or wife...or at least you used to be able to in Illinois. It’s called “Alienation of Affection.” Alientation of affection is the wrongful act of one person that interferes with the affection one spouse has for the other....
Parenting Alone In Chicago # 17: Bad Axe Throwing
This is number 17 in my series of things to do with children if and while you’re parenting alone. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide of things to do with your kids in a city that isn’t set up...
Parenting Alone in Chicago # 16: The Game Show Game Show
This is number 15 in my series of places, events and things to do with children while you’re parenting alone. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide in a city that isn’t set up for kids, Chicago....
Parenting Alone In Chicago # 15: Fox In A Box
This is number 15 in my series of things to do with children while you’re parenting alone. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide of things to do with your kids in a city that isn’t set up for...
Parenting Alone In Chicago # 14: Water Tower Place
This is # 14 in my series of articles that guide single parents on where to take their kids while parenting alone in Chicago. You might be going through a divorce, considering a divorce or just have the kids for the weekend. Either way, it's important to put being a...
Parenting Alone in Chicago # 12: Adler Planetarium
This is number 12 in my series of things to do with children while you’re parenting alone. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide of things to do with your kids in a city that wasn't designed for...
Parenting Alone in Chicago # 11: Little Beans Cafe
This is number 11 in my series of articles about places you can go when you are parenting alone with your kids in Chicago, Illinois. Chicago is famous for sports, restaurants and architecture but Chicago is not a very kid friendly city. I hope this series can be a...
Parenting Alone In Chicago # 10: Shedd Aquarium
This is number 10 in my series of things to do with children while you’re parenting alone. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide of things to do with your kids in a city that isn’t set up for...
Parenting Alone In Chicago # 9: Chicago’s Amazing Funhouse Maze
This is number nine in my series of things to do with children while you’re parenting alone in Chicago, Illinois. Whether you are divorced, separated or just alone for the day with the kids, I hope these posts can be a guide of things to do with your kids in a city...
Parenting Alone In Chicago # 8: Museum Of Science And Industry
This is number eight in my series of places you can go with your kids if you’re parenting alone. Whether you are divorce, separated or just have the kids alone for the day, when you spend time with your children, it’s important to have an activity in the middle of the...
Parenting in Chicago Alone # 7: Morton Arboretum
This is number seven in my series of “Parenting Alone In Chicago.” My hope is that my clients or my readers can use these posts as a list of places to enjoy with their children after their divorce, separation or even just a weekend where they have the kids by...
Parenting Alone In Chicago # 6: Maggie Daley Park
This is number six in my series of things to do with children while parenting alone. Whether you're divorced, separated or just have the kids for the weekend, I hope these suggestions will help you make memories with your children. I'm not just a lawyer, I'm also a...