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]
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]
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]
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]
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]
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]
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]
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]
22 Jan 2021, 5:22 pm
“(1) The amount of the alternate payee’s benefit shall be the result of (A/B) x C x D where: “A” equals the number of months of (check only one) regular regular plus permissive other service that the member accumulated in the Retirement System from the date of marriage (enter date MM/DD/YYYY) to the date of divorce (enter date MM/DD/YYYY). [read post]
21 Nov 2020, 6:39 am
When people get married, they join their lives…at least on an ongoing basis. [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]
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]
16 Aug 2020, 12:49 pm
After the initial divorce pleadings and temporary motions are filed, the discovery process begins. [read post]
3 Nov 2021, 8:16 am
When two people are married and buy real estate, there are incredible incentives to hold the property jointly. [read post]
2 Oct 2021, 3:36 pm
“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
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]
15 Apr 2020, 7:29 am
Parenting children is not easy. [read post]
17 Sep 2021, 5:38 pm
The Illinois Supreme Court has released the Divorce requires a lot of filings with the court. [read post]
7 Mar 2021, 6:28 am
The court shall compute the basic child support obligation by taking the following steps: (A) determine each parent’s monthly net income; (B) add the parents’ monthly net incomes together to determine the combined monthly net income of the parents; (C) select the corresponding appropriate amount from the schedule of basic child support obligations based on the parties’ combined monthly net income and number of children of the parties; and … [read post]
