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How To Present Evidence In An Illinois Divorce Hearing Or Trial

By Russell Knight | January 30, 2021
Evidence and Illinois Divorce

If you cannot agree with your spouse as to the terms of your divorce, you are going to have ask a judge to resolve your disagreements. In Illinois, the finder of fact is a judge NOT a jury. “There shall be no trial by jury” 50 ILCS 5/103 Often, you can present your case to your judge in a more informal pre-trial setting where the judge will make recommendations based…

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My Child’s Father or Mother Is In Prison. Can They Still Pay Child Support?

By Russell Knight | January 24, 2021
Incarcerated parents in Illinois

When a parent goes away it’s sad for everyone but when a parent is literally locked up and inaccessible to their children and unable to provide for their children, it’s a tragedy. But, just because someone is in jail and cannot get a job from which their check can be garnished, does not relieve them of the obligation to support their children. How Does Child Support Get Established In Illinois…

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Unconscionable Prenuptial Agreements In Illinois

By Russell Knight | January 23, 2021
Break an Illinois prenup

In the lead up to a marriage there is much thought given to how to build a life together but very little thought as to how those intertwined lives would be unwound if there was a divorce. People entering into a marriage with significant assets always think about how to unwind the marriage…with all their assets in tact. The wealthy are especially nervous about divorce if they’ve been divorced before.…

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What is a QILDRO in an Illinois Divorce?

By Russell Knight | January 22, 2021
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QILDRO Divorce

There are so many acronyms in Illinois family law: HFS, MSA, OC, QDRO, QILDRO. It’s hard to keep track of terms that are only relevant in an Illinois divorce…while you’re in the middle of an Illinois divorce. What is a QILDRO? “”Qualified Illinois Domestic Relations Order” or “QILDRO” means an Illinois court order that creates or recognizes the existence of an alternate payee’s right to receive all or a portion…

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Standard Of Living And Maintenance In An Illinois Divorce

By Russell Knight | January 16, 2021
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Standard of Living Enjoyed During The Marriage

Most of people’s understanding of divorce comes from television and movies…which are made in California. Therefore, we often parrot back Californian law that has little to no impact in states such as Illinois. One Californian legal concept is that the standard of living to which a spouse was accustomed to will determine that spouse’s alimony (called “maintenance” in Illinois). That is not how it works in Illinois.  But, standard of…

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