Category: Family Law

“If you can’t explain it simply, you don’t understand it well enough.” – Albert Einstein.

Family Law

What Is The Right Of First Refusal In An Illinois Divorce or Parentage Case?

Illinois divorce law is specific that at least one of the child’s parents should be with the child if possible.  If not, you can invoke “the right of first refusal.” 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

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Cook County Law

I have an agreement with my spouse. Is that enforceable in an Illinois court?

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

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Divorce

Limited Scope Appearances in Illinois Family Law Cases

Oftentimes, a Chicago, Illinois family law lawyer will suggest to his client they can do the case on 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.

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What is a Prenup?
Divorce

What Is A Prenuptial Agreement in Chicago, Illinois?

The term “prenup” is 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? Prenuptial

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Bad Marriage Certificate
Alimony

My Cook County Marriage Certificate Might Be Invalid. What Do I Do?

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 that  marriage

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texting your children
Allocation of Parenting Time

Practical Advice Concerning Telephone Contact With Your Children

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

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Parental support
Alimony

My Husband or Wife is supported by their parents. Does that affect my maintenance or child support in my Chicago divorce?

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

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Divorce

Who Gets To Live In The House While We’re Getting Divorced In Illinois?

When someone asks me “Who gets to live in the house during the divorce?” 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

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