In Chicago, Illinois, How Do I Live In The Same House As My Spouse During My Divorce?

Often clients first questions are “should I move out? If I move out won’t I be accused of abandoning the family or relinquishing my claims to the marital home?” In regards to children, parenting time and custody issues, moving out is a strategic decision that must be handled carefully. Especially with the disparities between Chicago…

I have an agreement with my spouse. Is that enforceable in a Chicago, 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…

What is a Prenup?

What Is A Pre-Nuptial Agreement in Chicago, Illinois?

The term “pre-nup” is often 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?…

Bad Marriage Certificate

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 its marriage…

Who Gets The Jewelry In A Chicago, Illinois Divorce?

Jewelry is a peculiar asset: it’s value has to be estimated and it can often “disappear”. Most all, it is usually a gift. In Illinois, the first step is determining whether the jewelry is marital property or not.  Section 750 ILCS 5/503(a) of the Illinois Marriage and Dissolution of Marriage Act defines marital property as…

I have sole custody. We live in Chicago. Can I move the children wherever I want?

In Illinois, sole allocation of parental responsibilities (formerly known as “sole custody”) allows a parent to be solely responsible for making decisions for a minor child. Statutorily, these decisions are broken down into four different areas, namely: Education, Religion, Medical, and Extra Curricular Activities. Generally, the parent who is allocated sole responsibility over these areas…