Search for: "Russell D. Knight"
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20 Apr 2020, 4:32 pm
” 735 ILCS 5/2-1301(d) My firm’s practice is to get an order holding the respondent in default on a separate date before finalizing the divorce. [read post]
23 Dec 2020, 7:19 pm
” 735 ILCS 5/2-1301(d) If the foreign spouse is defaulted, the Illinois spouse can ask the Illinois divorce judge for anything within reason and in accordance with Illinois law: maintenance (formerly known as alimony), child support, division of marital assets and debts, parenting issues. [read post]
30 May 2020, 5:27 am
You cannot say, “I really hoped she’d only use one embryo but I never mentioned it” or “I basically, presumed that by age 45 we’d use all the embryos because that’s what makes sense” “When a contract is ambiguous or silent on a disputed issue, a court may, in order to determine the intent of the parties at the time of contracting, consider the contemporaneous or subsequent acts of the parties to the contract. [read post]
23 May 2020, 8:59 am
The people that can bring a child support petition (or any petition related to the child of unmarried parents) are ‘(a) the child; (b) the mother of the child; (c) a pregnant woman; (d) a man presumed or alleging himself to be the parent of the child; (e) a woman presumed or alleging herself to be the parent of the child; (f) the support-enforcement agency or other governmental agency authorized by other law;” 750 ILCS 46/602 A… [read post]
13 Jun 2020, 5:03 am
You’d need a third party to testify that they saw the couple having sex out in the open. [read post]
14 Aug 2021, 6:32 pm
If an opposing counsel sends you a 201(k) letter after saying something as obtuse as “you didn’t comply,” politely let the opposing counsel know that your 201(k) conference is not yet complete because you don’t know what’s missing and you’d like to continue the conference until you truly know what discovery remains outstanding. [read post]
2 Jul 2021, 6:58 am
“A temporary order…does not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding;” 750 ILCS 5/501(d)(1) Just like the best evidence rule, the parol evidence rule has an exception. [read post]
20 Apr 2020, 4:32 pm
” 735 ILCS 5/2-1301(d) My firm’s practice is to get an order holding the respondent in default on a separate date before finalizing the divorce. [read post]
19 Oct 2021, 7:44 am
Evid. 801(d)(2) So, the past recorded recollection exception coupled with the admission of a party exception eliminates double hearsay. [read post]
10 Jan 2021, 11:53 am
” 735 ILCS 5/2-1301(d) Filing a general appearance in an Illinois divorce case submits you to the personal jurisdiction of the Illinois divorce court. [read post]
28 Oct 2020, 4:59 am
“Cohabitation” is defined in Black’s Law Dictionary as “[d]welling together”; “Intercourse together as husband and wife”; “Living, or abiding or residing together as man and wife. [read post]
21 Nov 2020, 6:39 am
When people get married, they join their lives…at least on an ongoing basis. [read post]
27 Aug 2020, 6:11 pm
Incorporating The Marital Settlement Agreement In the Judgment For Dissolution Of Marriage “Unless the agreement provides to the contrary, its terms shall be set forth in the judgment, and the parties shall be ordered to perform under such terms” 750 ILCS 5/502(d) In lieu of writing it all out in the judgment, we just incorporate the terms in the judgment. [read post]
16 Aug 2020, 12:49 pm
After the initial divorce pleadings and temporary motions are filed, the discovery process begins. [read post]
7 Nov 2020, 5:53 am
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
“(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]
27 Aug 2021, 3:31 am
“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]
19 Sep 2021, 3:08 pm
Divorce is the untangling of two lives through the public state courts. [read post]
2 Jun 2020, 3:44 am
” 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]
5 Oct 2020, 5:13 am
“Discovery depositions taken under the provisions of this rule may be used only: (1) for the purpose of impeaching the testimony of the deponent as a witness in the same manner and to the same extent as any inconsistent statement made by a witness; (2) As a former statement, pursuant to Illinois Rule of Evidence 801(d)(2); (3) if otherwise admissible as… [read post]
