“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:
When a party to an Illinois divorce has an overseas bank account, that account must be disclosed and, if found to be marital property, equitably distributed by the court. If the overseas account is not disclosed, Illinois divorce courts possess limited powers to investigate bank accounts in other countries. In an Illinois divorce, locating and
In Illinois, if your spouse empties a joint bank account before or during a divorce, you can’t rely on automatic protections but you can file a motion for temporary relief or to maintain the financial status quo. Courts can order the funds restored or award you temporary support. Act quickly and consult an attorney to
Local county rules in Illinois have the binding force of law. Failing to follow local court rules can mean delays, dismissal, or even contempt sanctions. Here’s how to prepare across counties like Cook, DuPage, Lake, Will, and Kane. To effectively litigate an Illinois divorce court, you must know A LOT: Statutes, case law and the
An average person’s assets are usually relatively simple. The average person may own a house, the average person might have a retirement account but the average person almost certainly owns some kind of automobile. So, what happens to a car, truck or motorcycle in an Illinois divorce? Is An Automobile Marital Property In An Illinois
When adults with children separate, those adults govern their parenting time and parental decision-making with court orders. These court orders tell each parent when they are to pick up their children and what they can do with the children when the parent has custody of the child. When one (or both) parents do not follow
When you get divorced or split up and you have children, there are dozens of little things you have to arrange in order to co-parent effectively. Specifically, you will make a schedule of when your children will spend time with you and when your children will spend time with their other parent. Then, you will
Petitions for orders of protection can be heard with only one person’s testimony. Furthermore, the standard of proof to grant an order of protection can be absurdly low, as only “abuse” in almost any form, can be established by one person’s biased description. When an order of protection is granted by an Illinois court, one
When parents split up they must immediately make arrangements to keep the children’s lives and schedules as stable as possible. Maintaining a consistent schedule for the children is difficult in the opening phases of a divorce. Typically, one parent disappears from the home at the initial stages of the divorce and is absent from the
Defending against an Order of Protection In Illinois is not easy. Illinois law makes Orders of Protection relatively simple to secure. An Illinois court need only find that abuse occurred to issue an order of protection. “If the court finds that petitioner has been abused by a family or household member…an order of protection prohibiting
The law is full of buzzwords that further qualify other legal concepts. One of the most common terms found throughout law in general and family law in particular is “due diligence.” Due diligence is “[t]he diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge
As a Chicago divorce attorney who speaks three languages, the issues of immigration and divorce intersect constantly. Understandably upset, clients believe they can solve all of their problems by having their immigrant spouse deported as well as divorced. The reality is that it is extremely difficult to get the Department of Homeland Security to act
Too many family law attorneys treat trial like a school project—summarize the facts, cite the law, hand it to the judge like a term paper. But Illinois divorce trials don’t grade on neatness and organization. Illinois trials require evidence, foundation, and admissibility. Evidence must be admitted consistent with the Illinois rules of evidence. Every little
I have told clients for years that the family law system is slow, but it is fair. There is one part of the system that is rapid by design…and has instant results to the benefit of one parent and the detriment of the other parent: orders of protection. Orders Of Protection Lead To Immediate Temporary
In an Illinois divorce, you can lose a lot. You can lose your assets and you can lose time with your kids. In the end, you can make more money but you can’t get back time with your kids. For most parents, the most parenting time they can ever hope for is a 50/50 joint
When two people are married and buy real estate, there are incredible incentives to hold the property jointly. Jointly held property has the right of survivorship. If one spouse dies, the entire property passes to the other spouse without the hassle of probate court. “[A]n intrinsic feature of joint tenancy is the right of survivorship,
Indemnification is an important concept in contract law. Most divorces are finalized by a contract which divides assets AND debts. Indemnification provides the functionality of how those debts are paid back and by whom. Debts, Divorce And Indemnification In Illinois Illinois divorce courts “shall divide the marital property without regard to marital misconduct in just proportions” 750 ILCS
A subpoena is “[a] writ or order commanding a person to appear before a court or other tribunal, subject to a penalty for failing to comply.” Black’s Law Dictionary (11th ed. 2019) Before email subpoenas really would make people come into court (or the lawyer’s office) with all the documents requested and then the lawyer who
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
The most important value of our law firm is our commitment to our clients. We understand the serious nature of divorce and family law, and we are dedicated to helping you achieve the best possible outcome for your family and your individual set of circumstances. In every case, we fight to achieve the best possible result.
Legal Services
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Please be advised that the results achieved in any given case depend upon the exact facts and circumstances of that case. The Law Office of Russell D. Knight cannot guarantee a specific result in any legal matter. Any testimonial or case result listed on this site is based on an actual legal case and represents the results achieved in that particular case, and does not constitute a guarantee, warranty or prediction of the outcome of any other legal matter. Privacy Policy | Terms of Service.
Powered by BSPE Legal Marketing
