Divorce is a process. Divorce is not a “never look back” decision. In fact, if you had children with your spouse your relationship will never be truly over. You’ll always be in each other’s lives through your children’s lives. So, divorce is a big deal but divorce can be put on pause at any point…
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 time with…
Before you walk into a Cook County Domestic Relations Courtroom you will see a list outside the courtroom. That list will have your name, your spouse’s name, and the names of a hundred other people that the judge will address that day. Your divorce or paternity case is your entire life! How is the judge…
There is not a specific “lock changing law” regarding this particular issue. You are essentially evicting your spouse if you change the locks. If you and your spouse are co-owners of the property or co-signers of the lease then you both have equal rights to enter the property as you please and the other person…
This is part 2 in my series, Parenting Alone In Chicago. 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 to parent alone. Doing stuff with the kids in Chicago…
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 that person has a husband or wife…
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 social security benefit (or their spouse is receiving it) need to know how a divorce will impact that benefit. The law does not treat social…
Yes. If you’re spouse has not yet divorced you, you have no health care power of attorney, and you are not conscious, your spouse can make medical decisions on your behalf. Understandably, this is disturbing at best and terrifying at worst. Let’s go through the steps you’d have to take to make sure this doesn’t…
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 the requirements of the Illinois Marriage and Dissolution of Marriage Act the…
I’m 6’2” and all my ancestors are from Great Britain. When I start speaking Spanish with a good accent (rolling Rs) people are often confused. The best compliment I ever received was when someone complimented my English after I was done speaking Spanish. So, here’s the explanation on why I speak Spanish and if I…
Whether you or your spouse have filed for bankruptcy and then divorce, or divorce and then bankruptcy, you’ll need to know how the two legal actions affect each other. It’s important to understand that there are two types of personal bankruptcies because the impact on a pending divorce depends on which kind of bankruptcy was…
This article will be the first in a series of articles I’ll 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 children into quality time. You want to enjoy…
While there’s no actual law regarding this, 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 spouse if you had been covering your spouse on your insurance prior to the…
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 Illinois Marriage and Dissolution of Marriage Act, Section 750 ILCS…
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 be paid to the…
Before we begin, it must be brought to your attention that the Tax Cut And Jobs Act of 2017 (The Trump Tax Cut) changed everything about claiming children. As of the date of the publishing we do not have the IRS guidance documents for the 2018 year but we do have previous years and the…
Before we jump into this topic known as “discovery“, it all starts with the financial affidavit, also known by legal jargon as a “13.3” in Chicago (or Cook County generally) is a legal document that each party to a divorce or parentage action involving financial issues has to complete. Cook County Local Rule 13.3.1 states, in…
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 devastated. Because of scenes like this we dread the idea of serving someone or being served when all it is, is handing a…
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 I “know what I’m talking about” after a quick phone call. I always prefer to meet my potential clients face-to-face, however. I can learn so much more about my…
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. If you come to your lawyer with a full agreement between both parties, your lawyer can prepare all the final…
In Illinois, throughout the divorce or parentage process the parties are required to exchange and submit parenting plans. A parenting plan is “a written agreement that allocates significant decision-making responsibilities, parenting time, or both.” 750 ILCS 5/600(f) The parties come to an agreement on the parenting plan or the court orders a parenting plan that…
I am uniquely qualified to answer this question as I am licensed in both Illinois and in Florida. I have an office in Chicago, IL and an office in Naples, Florida. The option of where you wish to file is up to you. If you wish to file in Chicago, Cook County, Illinois, there is…
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 can allege is known as irreconcilable differences. Prior to January 1,…
The financial aspects of a Chicago, Illinois divorce are determined by two factors: 1) the assets of the parties and 2) the incomes of the parties. When one of the parties retires or prepares for retirement a significant change will happen to their income and even their assets as they begin to draw them down.…
“The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the educational expenses of any child of the parties.” 750 ILCS 513(a) While the court may require payment of college expenses by a parent does…
Did you know that all of the filings in your Chicago, Illinois, divorce are accessible to the public? In Cook County, Illinois, (which includes Chicago) you can’t look at the documents on-line (yet) but anyone can walk to the 8th floor of the Daley Center and look up your case file on the public access…
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 an out of court agreement to waive child support in exchange for…
Often a parent will exercise his parenting time without actually being with the child. The worst cases of this phenomenon are when a parent just drops the children off with his or her mother. Other cases are as simple as a parent going to the grocery store and leaving the child by his or herself…
Often 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 must be handled carefully. Especially with the disparities between Chicago…
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 memorializes the agreement and gives the agreement the court’s “stamp of…
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, and not for the entirety of the case. Illinois’…
In short, it depends how the family home was held. If the family home was held in your name exclusively and you used those non-marital funds (usually an inheritance) to pay the mortgage of the home, then you could have reasonable chain of title showing that this property was non-marital and remained non-marital because the…
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 moving out and finding a new place to stay, making…
The term “pre-nup” is often 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, and what is the legal reason people actually enter into pre-nuptial agreements?…
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? The first step is to determine if legally you automatically presumed to be the father. 750 ILCS…
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 difficult to verify and difficult to value. Chicago is where the world’s commodities get…
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 conducted in Illinois to have its marriage…
As with any property in the marriage, the first order of business is to determine whether the property is marital or non-marital. If the property is marital the property will be subject to division in the divorce. If the property is non-marital, the party who has the property in their name or possession shall keep…
Orders of protection 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 help you need in getting a criminal order of protection in conjunction with the prosecution of…
For years Illinois had a “grandparents’ rights” statute in the Illinois Marriage and Dissolution Act. Then in 2002, Wickham vs. Byrne, 769 N.E.2d 1 (2002) was decided in the Illinois Supreme Court holding that the grandparents’ rights portion of the Illinois Marriage and Dissolution Act was unconstitutional. Then in 2016, the Illinois Marriage and Dissolution…
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 in the Parenting plan. There is, however, a longstanding tradition that whichever parent is not with the children that day…
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 lower-earning spouse is relying on support from family. This support may…
Jewelry is a peculiar asset: it’s value has to be estimated and it can often “disappear”. Most all, it is usually a gift. In Illinois, the first step is determining whether the jewelry is marital property or not. Section 750 ILCS 5/503(a) of the Illinois Marriage and Dissolution of Marriage Act defines marital property as…
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 maintenance receiver was the person who paid taxes on the alimony or…
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 your ex. Nothing good will happen while you live with your ex. I encourage clients to pay for a deposit…
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, namely: Education, Religion, Medical, and Extra Curricular Activities. Generally, the parent who is allocated sole responsibility over these areas…
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 becomes especially concerning if they are classified as a…
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 Department of Homeland Security to act on their limited authority to…
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 he or she has not paid child support pursuant to that order, they are then violating that order. The most common way to remedy this matter is…
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 divorce). “interim attorney’s fees and costs” means…
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 earnings are no longer the property of their spouse as…
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. In Chicago, Illinois, parents, children and the court system in general are loathe to involve children to the point where they provide testimony. This is generally acknowledged as traumatizing at…
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 constant flux, most parenting agreements include a notice provision to accommodate parenting time for the parent with…
In Chicago, Illinois, to obtain a reduction in his or her child-support obligation, a parent must prove that there has been a substantial change in circumstances since the entry of the prior support order. 750 ILCS 5/510(a)(1). The first step is to analyze your own income, has it changed from the date that the order…
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 title of that property. The short rule of thumb is that if either party…
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 parental responsibilities. “Sec. 21-103.5. Change of name involving a minor.…
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 Adjudication On Indirect Civil Contempt)…
Before 2016, the Illinois Marriage and Dissolution Act allowed a court to grant a custodial parent permission to remove a minor child from Illinois when it is in the child’s best interests. The parent seeking the removal had the burden of proving by a preponderance of evidence that the removal would be in the child’s…
When changing anyone’s name in Chicago, Cook County, Illinois you must proceed under statute 735 ILCS 5/21-101 which requires that the person whose name is being changed be an Illinois resident for at least 6 months. You may change your name, your spouse’s name and your children’s name all together, if you so desire, under…
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 Shares Method”. The formula no longer uses a straight percentage to calculate income. Instead, it calculates child support incorporating both the non-custodial…
If there is no previous Cook County court order you can file a Motion To Enter an Allocation of Parenting Responsibilities and Parenting Time. The court will consider what parenting time (formerly called visitation) you should be awarded based on the best interests of the child. In the case of modifying an existing order, I…
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 property. While the mahr is often money, it can also be anything agreed upon by the bride such…
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 law cases are processed in the Richard J. Daley…
It depends on the time frame. In Chicago, Cook County, Illinois, If the divorce was entered in the last 30 days, you can file a Motion To Vacate under section 2-1301. Under this section the court can vacate “set aside any final order or judgment upon any terms and conditions that shall be reasonable.” This…
Illinois law provides that maintenance (formerly known as alimony) is awarded “For a marriage of 20 or more years, the court, in its discretion, shall order either permanent maintenance or maintenance for a period equal to the length of the marriage.” 750 ILCS 504(b)(1)(b) What does “permanent” maintenance, exactly? Does it truly go on forever?…
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 ratio based on what the court determines to be equitable.…
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 terminology presumably so that parents would no longer feel unequal with emotionally charged terms…
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 spouse maintenance (formerly known as alimony), In Illinois the first step is to determine if the spouse…
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 answers to and from the other parties, sending and receiving relevant documents (called…
It was my pleasure to be interviewed regarding divorce and real estate. 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 The Answer.
Talk to the Assistants before Talking to the Attorney Assuming that your attorney is the only person in the office who can help with your case is one of the most expensive misunderstandings a person can make. Legal assistants can’t give you legal advice, but they still know just as much about what’s going on.…
Yes, if the Cook County Court orders it. 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 child” incurred no later than the child’s 23rd birthday, and in no event later than the 25th birthday.…
In Illinois, when the parties have children, they must each file with the court a proposed parenting plan. That is a detailed document outlining what responsibilities and time each parent will have with the children. If the parenting plans are not identical or agreed upon, “The court shall order mediation to assist the parents in…
For years, the answer to this question has been, “There is no custody for animals. They 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 the proceeds.” This king Solomon type solution usually…
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 disabled. “The court may award sums of money out of the property and income of either or both parties…
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 assets are respectively non-marital. 750 ILCS 5/503(a)(5) specifically contemplates…
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 Cook County Clerk’s office has established a searchable online docket that includes all the…
750 ILCS 505(g) advises us when child support can be terminated. “An order of support shall include a date on which the current support terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of 18. However, if the child will not…
One of the technological advances in the 21st century is the ability to communicate quickly and effectively with one another. Text messaging is commonplace and often more preferred than talking on the phone. However, sending a text message creates a permanent record of your words and can potentially be used for an adverse purpose. Text…
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 cannot agree, you can petition the court to enter an allocation…
Many people believe they can get some kind of leverage by recording their conversations with their spouses or exes. What’s more, recording a phone call is now extremely easy due to this functionality being available on virtually all smartphones. In Illinois, recording a phone conversation is illegal. 720 ILCS 5/14-2 reads “A person commits eavesdropping…
In Cook County, Illinois when you file a petition within the domestic relations division you will be assigned to a judge’s calendar on a random basis and according to what district you filed it in. If you object to that judge you may request a new judge for one of two reasons: 1) “For cause”…
You can sue the person who seduced your husband or wife…or at least you used to be able to. 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. This could be when a husband or wife is deprived…
