Category: Family Law

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

Allocation of Parenting Time

What Are The Different Types Of Child Custody In Illinois?

Our culture is full of references to different types of child custody; sole custody, joint custody. legal custody, physical custody among others.  In Illinois is child custody really something that you can fit into a box and label so cleanly? What are the Illinois custody laws? Child Custody Doesn’t Formally Exist Anymore in Illinois In

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Divorce and Bankruptcy in Cook County
Cook County Law

Bankruptcy and Divorce in Illinois

Whether you or your spouse have filed for bankruptcy and then divorce, or divorce and then bankruptcy, you’ll need to know how bankruptcy and divorce 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 filed.

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Retainer and divorce in Illinois
Family Law

What Is A Retainer In An Illinois Divorce?

Lawyers have a peculiar way of charging people. Some professionals will send you a bill at the end of a job and other professionals will require an initial deposit. Lawyers, however, will ask for a retainer before beginning work on a case.  So, what is a retainer in an Illinois divorce case? A retainer for

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Timing and Divorce In Illinois
Divorce

When Should I File For Divorce In Illinois?

Thinking about divorce is common.  Every married person has thought about divorce. Most married people have researched divorce (and stumbled on sites like this). But when it comes to filing for divorce, people are hesitant.  Even if a person is ready to file for divorce, when is the best time to file for divorce?  In

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What is a constructive trust?
Family Law

What Is A Constructive Trust In An Illinois Divorce?

Illinois family law has a lot of buzzwords that divorce lawyers understand (or pretend to) that regular people can’t seem to wrap their head around. “Constructive trusts” is one of those buzzwords. If you search for “constructive trust” in the Illinois statutes, you’ll come back with exactly one instance of the term…which is just a

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Timeliness in an Illinois divorce
Family Law

Statutes Of Limitations, Timeliness and Laches In An Illinois Divorce

The average person has some concept of the basic rules of jurisprudence in the Anglo-American system. One of those concepts is “the statute of limitations” A statute of limitations is “a time limit for suing . . . based on the date when the claim accrued.” Black’s Law Dictionary (7th ed) “Statutes of limitations are

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Throw out court order
Family Law

What Is A Motion To Vacate In An Illinois Divorce?

Illinois courts make decisions. Someone is always going to be displeased with a court’s decision. There are multiple ways to make your displeasure known with a court. You can file a motion to reconsider to tell the judge they made the wrong decision. You can file an appeal to tell a set of superior judges

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Signatures during an Illinois divorce
Divorce

Signatures In An Illinois Divorce

The Illinois Supreme Court has released the Divorce requires a lot of filings with the court. Those filings usually require the signature of a party to the divorce and/or their attorney to certify what is written on the filings. What Requires A Signature During An Illinois Divorce Proceeding? If a document gets filed in a

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Arbitration clause in a prenuptial agreement
Divorce

Can I Send My Illinois Divorce To Arbitration?

Sophisticated business people know that arbitration is much cheaper and simpler than litigation. Therefore, contracts will often include an arbitration clause that will pre-empt litigation by agreement of the parties. Can arbitration be a substitute for divorce court proceedings in Illinois? What Is Arbitration Arbitration is “[t]he investigation and determination of a matter or matters

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