How Does An Appeals Court Review An Illinois Divorce Order?

By Russell Knight | May 7, 2022
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Standard of review in an Illinois divorce appeal

In an Illinois divorce appellate court in Illinois reviews final orders, interlocutory (temporary) orders and custody/parenting time orders. “Every final judgment of a circuit court in a civil case is appealable as of right.” Ill. Sup. Ct. R. 301 “An…

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Admitting Bank Statement And Tax Returns Into Evidence In An Illinois Divorce

By Russell Knight | May 5, 2022
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Bank statements in divorce

In an Illinois divorce, the parties’ incomes must be verified. To ensure that a spouse is being paid what they claim they are being paid, ask to see what money they are actually collecting and what money they tell the…

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How To Preserve Your Divorce Case For Appeal In Illinois

By Russell Knight | April 29, 2022
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Preserving the record in an Illinois divorce trial

An Illinois divorce hearing or trial is not the final word in an Illinois divorce. An Illinois divorce judge’s ruling can be appealed…but only if the record is properly preserved. Furthermore, preserving the record throughout your trial may provide a…

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What Is An Offer Of Proof In An Illinois Divorce Hearing Or Trial?

By Russell Knight | April 23, 2022
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Offer of proof

When you cannot come to an agreement in your Illinois divorce, you must go to the divorce judge to decide the matter. The divorce judge listens to each party’s presented evidence, admits exhibits into evidence and then applies Illinois law…

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What Is A Subpoena Duces Tecum In An Illinois Divorce?

By Russell Knight | April 12, 2022
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Subpoena Duces Tecum Divorce

There are a lot of ways to gather discovery in an Illinois divorce. Notices to produce, interrogatories, depositions, exchange of financial affidavits and subpoenas. One of the more curious discovery requests has the latin name “subpoena duces tecum” which in…

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Summary Hearings In An Illinois Divorce

By Russell Knight | February 3, 2022
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Hearing on a summary basis in an Illinois divorce

It is common to walk into an Illinois court room, hear the lawyers make a few brief arguments and then receive a sweeping decision from the Illinois divorce judge based on those limited arguments. As they stumble out of court,…

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What Is An Evidentiary Hearing In An Illinois Divorce?

By Russell Knight | February 3, 2022
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When are evidentiary hearings required in Illinois?

Sooner or later, during your Illinois divorce, you will attend a friendly status call where a party will ask that their motion be set for hearing. The judge will pause and then ask, “Will this be an evidentiary hearing?” The…

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Objecting To Discovery In An Illinois Divorce

By Russell Knight | February 2, 2022
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Objecting To A Discovery Request

The steps of an Illinois divorce are simple: file a Petition For Dissolution of Marriage, file the necessary temporary motions, complete discovery, prepare and negotiate a final Judgment of Dissolution of Marriage, Marital Settlement Agreement and/or Allocation of Parenting Time…

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Can Phone Records Be Used To Prove Adultery In An Illinois Divorce?

By Russell Knight | January 16, 2022
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Phone records to prove adultery

We are all walking around with little computers (smart phones) in our pockets that record everything the computer experiences. Most notably, smart phones record phone calls and texts. This information literally tells us who we are talking to and when.…

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Public Records In An Illinois Divorce Trial Or Hearing

By Russell Knight | November 21, 2021
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Government documents in an Illinois divorce

You cannot just show up in an Illinois divorce court with a bunch of documents for a judge to review. Documents are an “out of court statement to prove the truth of the matter asserted.” Therefore, documents are hearsay and…

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