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17 Sep 2021, 5:38 pm by Russell Knight
The Illinois Supreme Court has released the Divorce requires a lot of filings with the court. [read post]
21 Sep 2021, 8:38 am by Russell Knight
A hearing or trial in an Illinois divorce is both parties presenting evidence via testimony and exhibits to an Illinois divorce judge. [read post]
27 Aug 2021, 3:31 am by Russell Knight
“A temporary order entered under this Section…may be revoked or modified before final judgment, on a showing by affidavit and upon hearing” 750 ILCS 5/501(d)(2) This illustrates why temporary motions require affidavits and can be ruled upon with affidavits substituting for the formal presentation of evidence. [read post]
26 Jul 2020, 7:08 am by Russell Knight
One of the worst parts about divorce is the anxiety of the unknown. [read post]
19 Apr 2020, 5:53 am by Russell Knight
As of the date of this article’s publication, April 19, 2020, courts in Cook County, Illinois are currently operating on a very limited basis. [read post]
11 Sep 2021, 6:07 am by Russell Knight
Illinois divorce courts “divide the marital property without regard to marital misconduct” 750 ILCS 5/503(d) Similarly, an Illinois divorce “court may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just, without regard to marital misconduct” 750 ILCS 5/504(a) If a spouse’s conduct doesn’t matter in dividing assets or awarding alimony, a mental examination is probably unnecessary. [read post]
2 Oct 2021, 3:36 pm by Russell Knight
“Educational expenses may include, but shall not be limited to, the following:(1) except for good cause shown, the actual cost of the child’s post-secondary expenses, including tuition and fees, provided that the cost for tuition and fees does not exceed the amount of in-state tuition and fees paid by a student at the University of Illinois at Urbana-Champaign for the same academic year” 750 ILCS 5/513(d) Either parent can subsequently petition the court to modify… [read post]
29 Jul 2020, 5:49 am by Russell Knight
Dissipation of assets can only be claimed for the first five years before the filing of the Petition For Dissolution Of Marriage  “[N]o dissipation shall be deemed to have occurred prior to 3 years after the party claiming dissipation knew or should have known of the dissipation, but in no event prior to 5 years before the filing of the petition for dissolution of marriage;” 750 ILCS 503(d)(2)(iv) How To Reopen An Illinois Divorce Case For Modification Almost… [read post]
5 Jun 2021, 6:16 am by Russell Knight
So, they’d better figure out how to make some money before the maintenance expires. [read post]
10 Jun 2020, 6:04 pm by Russell Knight
Maintenance (formerly known as alimony) is a funny thing in Illinois. [read post]
15 Jan 2021, 5:13 pm by Russell Knight
Sex outside of a marriage is bad enough but when someone brings something back from extramarital sex, it is really bad. [read post]
23 Jan 2021, 9:51 am by Russell Knight
Volid, 286 NE 2d 42 – Ill: Appellate Court, 1st Dist. 1972 Unconscionability And Prenuptial Agreements In Illinois Unconscionability is the “[d]egree of unreasonableness and unfairness of a contract or deal prompting a court to modify or nullify it. [read post]
3 Nov 2021, 8:16 am by Russell Knight
When two people are married and buy real estate, there are incredible incentives to hold the property jointly. [read post]
2 Jun 2020, 3:44 am by Russell Knight
” 750 ILCS 5/602.5(d) In reality, if you want true sole custody you want to have sole parenting time with the child or children. [read post]
7 Nov 2020, 5:53 am by Russell Knight
Illinois divorce courts “shall divide the marital property without regard to marital misconduct in just proportions considering all relevant factors, including: (1) each party’s contribution to the acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including… (ii) the contribution of a spouse as a homemaker or to the family unit” 750 ILCS 5/503(d)(1) Illinois divorce courts will consider the work of… [read post]
13 Apr 2020, 11:43 am by Russell Knight
“(ii) enjoining a party from removing a child from the jurisdiction of the court for more than 14 days; (iii) enjoining a party from striking or interfering with the personal liberty of the other party or of any child;” 750 ILCS 5/501(a)(2) Finally, there is a big catch-all for any kind of temporary relief you’d like which is definitely not protective and actively forces the other party to do something. [read post]
24 Oct 2020, 9:45 am by Russell Knight
” 750 ILCS 5/503(d) But, most assets acquired during the marriage shall be deemed marital. [read post]
29 Aug 2021, 7:16 am by Russell Knight
R. 206(d) Finally, a deposition in an Illinois divorce can be cut off after 3 hours. [read post]