"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

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Motion To Bifurcate An Illinois Divorce

By Russell Knight | May 28, 2022
Bifurcating an Illinois divorce

Everyone who files for divorce wants the divorce over as soon as possible. You cannot get divorced in Illinois until all the issues are resolved. “Judgment shall not be entered unless, to the extent it has jurisdiction to do so, the court has considered, approved, reserved or made provision for the allocation of parental responsibilities, the support of any child of the marriage entitled to support, the maintenance of either…

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How Is Maintenance Calculated In Illinois?

By Russell Knight | May 26, 2022
Calculating Alimony 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 appropriate based on the circumstances of the two divorcing parties. To determine which of these…

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Quit Claim Deeds And Divorce In Illinois

By Russell Knight | May 23, 2022
Deeds and divorce in Illinois

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, which entitles the last surviving tenant to take the entire estate” Sathoff v. Sutterer, 869…

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How Soon Can I File For Divorce In Illinois?

By Russell Knight | May 17, 2022
Do you have to wait 90 days to get a divorce in Illinois?

You used to live somewhere other than Illinois. Maybe you still live outside of Illinois but you want to file for divorce in Illinois. How soon can you file for divorce in Illinois and take advantage of Illinois’ sometimes generous/sometimes onerous divorce laws? You are supposed to wait 90 days before filing a divorce in Illinois after moving to Illinois. Waiting 90 Days To File For Divorce In Illinois If…

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Frivolous Filings In An Illinois Divorce Case

By Russell Knight | May 17, 2022
Frivolous motions in an Illinois divorce

After a divorce is filed in Illinois, the parties establish themselves as separate units with separate financial needs and schedules. The parties also collect evidence for eventual trial. After the parties are divorced, either party can file motions to modify and/or enforce the existing judgment. These are legitimate bases for filings in an Illinois divorce. A filed motion requires a response and a possible hearing on the motion. Every time…

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