Category: Family Law

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

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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Status Date in Illinois Divorce
Cook County Law

What Is A Status Call In An Illinois Divorce?

Most court cases involve a moment in time: a crime was allegedly committed or an accident happened. A divorce, however, is an evolving situation. Because of the ongoing nature of a divorce case, the courts require frequent check-ins to ensure that the parties and their children (if applicable) are cooperating with the court’s requirements and

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Divorce in foreign country vs. Illinois
Family Law

Divorce In A Foreign Country And In Illinois

Divorce laws are different all over the world. It can be tempting for a party to an Illinois divorce to say “I don’t like the divorce laws in Illinois. So, I’ll just file for divorce somewhere else.” Filing a divorce in a foreign country may or may not have an impact on any divorce filings

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Legal harassment in an Illinois divorce
Family Law

Harassment And Divorce In Illinois

People who are getting divorced do not like each other. That dislike can sometimes manifest into behavior that can be characterized as harassment. Harassment exists on a spectrum from physical violence to mere annoyance. “Harassment is the result of intentional acts which cause another person to be worried, anxious, or uncomfortable. Harassment can therefore occur

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Talking To Spouse During Divorce
Divorce

Can You Talk To Your Spouse During An Illinois Divorce?

Divorce is the end of a relationship but the relationship is rarely truly over. During a divorce, the marriage is still unwinding as parties arrange schedules with their children, divide assets and debts and arrange for support. During the divorce, the parties may have their own divorce attorneys who communicate with each other regarding the

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