CHICAGO DIVORCE LAWYER ARTICLES

“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-U2

Search our extensive library of family law articles written for lawyers and non-lawyers alike:

Mental Health And Divorce?
Allocation of Parenting Time
Russell Knight

Mental Illness And Divorce in Illinois

The family law and divorce system in Illinois was written and promulgated imagining reasonable, rational parties unwinding their lives in a logical manner. We all get emotional during a breakup and the family law system is set up to be slow but fair. This way our emotions don’t get the better of us. But, there

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Income increase and child support or alimony in Illinois
Alimony

An Increase In Income After An Illinois Divorce

Whether the economy is booming, inflation is increasing or either former partner has devoted themselves to their job after their divorce…people’s incomes go up. Income is the determinator for both child support and maintenance in an Illinois divorce. When income goes down, parties to a divorce either need more support or they cannot afford to

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Prenups in Illinois
Prenuptial Agreements

Choice Of Law In Illinois Prenuptial Agreements

Nothing pours cold water on the hopes and dreams of an upcoming wedding ceremony like a prenuptial agreement. Prenuptial agreements are not fun to think or talk about. A prenuptial agreement literally anticipates a divorce…which is awful. Still, a prenuptial agreement may save both you and your soon-to-be-spouse headaches and heartaches. A prenuptial agreement that

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Spouse won't work
Child Support

My Spouse Refuses To Work In My Illinois Divorce

Every marriage has roles and responsibilities.  Often, one party to a marriage ends up being the breadwinner or sole earner in the house while the other party takes care of the home and possibly the children.  So much of an Illinois divorce’s mechanics are based on the incomes of the parties that a non-working spouse

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drugs alcohol and divorce
Allocation of Parenting Time

Drugs, Alcohol and Divorce in Illinois

Whether it’s the stress of the divorce or a long simmering issue, drugs and alcohol are frequent issues in Illinois divorces. Many other issues in divorce are black and white issues; he hit you or he didn’t, she made the money or she didn’t, his schedule allows for time with the kids or it does

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NDAs and discovery in an Illinois divorce.
Discovery

Nondisclosure Agreements and Divorce In Illinois

If knowledge is power then giving away knowledge is equivalent to giving away power…which people never want to do. In order to preserve control after revealing a business secret, employers and business partners often require their employees or coworkers to enter into nondisclosure agreements (NDAs). A nondisclosure agreement is “a contract or contractual provision containing

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Waiver of disclosure in an Illinois prenup
Prenuptial Agreements

Disclosure In An Illinois Prenuptial Agreement

In the movie, “Intolerable Cruelty,” George Clooney play Miles Massey, a divorce lawyer who had crafted “the Massey pre-nup” a prenuptial agreement template that had never been successfully challenged. While such an agreement may sound mystical, unchallengeable prenuptial agreements get written every day…so long as they have the right clauses. One of the most important

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Determining what someone should make in an Illinois divorce
Child Support

Imputing Income In An Illinois Divorce

There are three quantifiable inputs in an Illinois divorce: 1) Time the children currently spend with each parent, 2) Marital assets and debts of the couple, and 3) The income of each party. Everything else that determines the results of an Illinois divorce can be described qualitatively in words but not quantitatively in numbers.  This

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Violating order of protection if victim consents
Orders of Protection

Is An Illinois Order of Protection Violated If The Protected Party Initiates Contact?

Orders of protection are powerful tools and once an order of protection is in place, its violation has serious penalties. Orders of protection can be violated even if the protected party consents to the so-called violation. Orders of protection keep people apart who used to live together. Orders of protection are ony available to “any

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tortious interference with a prospective economic advantage in an Illinois divorce
Marital Property

Spouse Sabotaging A Business In An Illinois Divorce

Business owners have the worst divorces. A business owner’s income will be challenged because, after, the business owner pays themselves. The value of the business must be determined by outside experts without an actual sale (business owners always want to keep their business). Furthermore, a business owner’s spouse knows the strengths and weaknesses of the

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Withholding money in an Illinois divorce
Orders of Protection

Financial Abuse In An Illinois Divorce

When one spouse controls all the money in a marriage, the other spouse is left completely vulnerable. It costs money to live! If your spouse has all the money, how can you live? Does withholding money amount to financial abuse in an Illinois divorce? Financial Abuse Is Abuse In Illinois In Illinois, abuse is resolved

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Calculating Alimony In Illinois
Maintenance

How Is Maintenance Calculated In Illinois?

In Illinois, maintenance (formerly known as alimony) is always one of three different numbers: Zero. Because maintenance is not warranted in this divorce case. 33% of the payor’s net income minus 25% of the payee’s net income (with payor’s income and maintenance not to exceed 40% of the total of the two incomes) An amount

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Enforcing Judgments In Illinois
Divorce

Enforcing A Judgment In An Illinois Divorce

After an Illinois divorce is settled or a trial order is issued, the divorce is not over. Both parties must still comply with the terms of the Judgment for Dissolution of Marriage and the incorporated Marital Settlement Agreement and Allocation of Parenting Time and Parental Responsibilities. Illinois law provides multiple methods for enforcing those terms.

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Investment income and alimony in an Illinois divorce
Alimony

Income Producing Assets And Maintenance In An Illinois Divorce

Warren Buffet once said, “If you don’t find a way to make money while you sleep, you will work until you die.” Many people have saved enough money, that subsequently makes enough money to maintain themselves…and then they get divorced. The money divided is often enough to live off as well (or at least pay

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Assets and Income Illinois Divorce
Child Support

Interest and Dividend Income In An Illinois Divorce

“If you don’t find a way to make money while you sleep, you will work until you die.” – Warren Buffett.  Lots of people have followed Warren Buffet’s advice by saving and investing so their money can earn them an independent income one day. These investments generate interest, dividends and other kids of income. However,

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Freeze Assets in an Illinois Divorce
Divorce

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 or remove assets from the marriage. Because of this, parties will try to ask the court

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Alcohol and orders of protection
Orders of Protection

Intoxication and Orders Of Protection In Illinois

Drugs and alcohol make people do crazy things. When someone is intoxicated their actions can threaten or hurt others…even the people they claim to love. Behavior when a person is intoxicated can be abusive. Abusive behavior requires the court to issue an order of protection. “If the court finds that petitioner has been abused by

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Orders of protection that grant child support in Illinois
Child Support

Child Support And Orders Of Protection In Illinois

Orders of protection are scary in multiple ways. The people asking for protection from their romantic partner usually also rely on that romantic partner for financial support. One of the purposes of the Illinois Domestic Violence Act is to “address any related issues of child custody and economic support, so that victims are not trapped

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Order of protection proofs
Orders of Protection

What Do I Need To Prove To Get An Order Of Protection In Illinois?

Illinois courts are happy to grant orders of protection. Orders of protection prevent possible tragedies with little harm to the parties who are subject to the order of protection. Orders of protection simply prevent a party from doing something that may lead to some kind of future abuse of another party. “An order of protection

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