Divorce In Illinois Without A Spouse’s Signature In Illinois

By Russell Knight | January 8, 2022
Divorce Without A Signature In Illinois

“Send me the divorce papers,” your spouse may yell at you in a moment of frustration. But, then what? No one just automatically signs divorce papers. More often than not, a spouse will refuse to sign divorce papers just to…

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Voluntary Dismissal Of A Petition For Dissolution Of Marriage in Illinois

By Russell Knight | January 6, 2022
Non-suit a divorce in Illinois

If you start a divorce in Illinois, you can stop it anytime by simply filing a motion to voluntarily dismiss your petition for dissolution of marriage. “The plaintiff may, at any time before trial or hearing begins, upon notice to…

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What Is An Evidentiary Hearing In An Illinois Divorce?

By Russell Knight | December 18, 2021
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When are evidentiary hearings required in Illinois?

Sooner or later, during your Illinois divorce, you will attend a friendly status call where a party will ask that their motion be set for hearing. The judge will pause and then ask, “Will this be an evidentiary hearing?” The…

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Cashing Out 401(k)s And Other Retirement Accounts During An Illinois Divorce

By Russell Knight | December 15, 2021
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Withdrawal of 401(k) during divorce

Divorce attorney see their clients and their client’s spouse’s true finances. The truth is that most people have little in the way of assets outside of their marital home and their retirement accounts. When a divorcing couple’s assets are tied…

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How To Contest Service In An Illinois Divorce Case

By Russell Knight | December 4, 2021
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Contesting Service In Illinois

Once a petition for dissolution of marriage or a petition for parentage is filed in an Illinois court, that petition and its summons must be served upon the other party promptly. “After the filing of the petition, the party filing…

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Public Records In An Illinois Divorce Trial Or Hearing

By Russell Knight | November 21, 2021
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Government documents in an Illinois divorce

You cannot just show up in an Illinois divorce court with a bunch of documents for a judge to review. Documents are an “out of court statement to prove the truth of the matter asserted.” Therefore, documents are hearsay and…

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Keeping Non-Party Witnesses Out Of Court During An Illinois Divorce Trial

By Russell Knight | November 20, 2021
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Excluding Witnesses

An Illinois divorce judge is the finder of fact during an Illinois divorce trial. The Illinois divorce judge determines what are true facts based on the testimony of the witnesses presented. A judge can use many different factors to determine…

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Questions Beyond The Scope Of Direct Examination In Illinois Divorce

By Russell Knight | November 19, 2021
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Cross-Examination Illinois Divorce

In an Illinois divorce trial each party has the right to call their own witnesses in order to take testimony and/or present evidence. The initial questioning of a witness is called direct examination. After a witness is called to testify…

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Narrative Answers In An Illinois Divorce Hearing or Trial

By Russell Knight | November 13, 2021
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Witness gives narrative answer

You are at an impasse with your ex. You both cannot agree on an issue so you have to let the judge decide. Finally, it is your day in court! Your ex is asked a simple question and then tells…

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Character Evidence In An Illinois Divorce Trial

By Russell Knight | November 13, 2021
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Evidence of character in a divorce

In my 15 years of experience as a divorce attorney, I’ve found that most divorces are the result of a personality disorder or addiction problem on the part of one or both of the parties. Most other married couples seem…

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