Social Security Disability Insurance and Divorce

Social Security and Divorce in Chicago, Illinois

Social Security is the United States’ federal government’s system for making regular payments to people if they are disabled and/or elderly. People who are getting divorced and also receiving a social security benefit (or their spouse is receiving it) need to know how a divorce will impact that benefit. The law does not treat social…

Prenup Lawyer

How Do I Know If My Prenuptial Agreement Will Be Enforced In Chicago, Illinois?

When two people get divorced in Illinois, they follow the procedures of the Illinois Marriage And Dissolution of Marriage Act to determine what will happen to their assets and incomes upon entering the final judgment of dissolution of marriage. In lieu of following the requirements of the Illinois Marriage and Dissolution of Marriage Act the…

Wife lies in divorce in Chicago

What Happens If My Husband Or Wife Lies About Their Assets Or Income in My Chicago, Illinois Divorce

Before we jump into this topic known as “discovery“, it all starts with the financial affidavit, also known by legal jargon as a “13.3” in Chicago (or Cook County generally) is a legal document that each party to a divorce or parentage action involving financial issues has to complete. Cook County Local Rule 13.3.1 states, in…

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?…

cryptocurrency and division of assets

Bitcoin, Other Cryptocurrencies And Divorce

In 2017 millions of people invested in Bitcoin and other cryptocurrencies. Millions of people also got divorced. Therefore, several Bitcoin owners got divorced and had to address the division of their marital assets…which included this new and strange asset which is difficult to verify and difficult to value. Chicago is where the world’s commodities get…

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…

In Chicago, Illinois, is property acquired after separation marital or non-marital property?

In 12 years of practicing family law in Chicago, Illinois I’ve found that parties almost always separate and begin pursuing separate lives before they even file for divorce.  Often, the parties will then believe that a “line in the sand” has been drawn where their earnings are no longer the property of their spouse as…