Injunctions in Illinois Divorce Cases

Family Law Blog

Injunctions in Illinois Divorce Cases

December 13, 2019 | Divorce,Property

In a divorce a spouse may be motivated to spend marital funds so there is nothing left for the other spouse. Consequently, a divorce judge must preserve the marital estate so that it can be distributed equitably. A common method for preserving a marital estate is through an injunction.  An injunction is defined as a […]

Subpoena Power in Divorce Cases

December 12, 2019 | Divorce

There are four types of subpoenas in Illinois: subpoena for documents, deposition subpoenas, trial/hearing subpoenas, and Grand Jury subpoenas. The first three types are important tools an attorney should use in a divorce case. They are directed to third parties, that is those people (or companies) not named in the divorce action. An attorney can […]

Emergency Petitions in Divorce Cases

December 11, 2019 | Divorce,Parenting (Child Custody),Property

Generally, a party to a lawsuit is entitled to due process. Due process is fairness in a judicial proceeding. This usually occurs through appropriate notice to the party subject to the judicial proceeding as well giving that party an opportunity to prepare for and participate in the proceeding. In divorce cases, under appropriate circumstances, a […]

Modifying Parenting Plans and Marital Settlement Agreements

December 10, 2019 | Divorce,Maintenance (Alimony),Parenting (Child Custody)

When parents of minor children get divorced there are generally two main documents that govern their post-divorce life: the parenting plan and the marital settlement agreement. The parenting plan governs all parenting matters such as parenting time and decision-making responsibilities. The marital settlement agreement governs financial matters such as the distribution the marital estate as […]

Dissipation: Curbing Personal Spending During Divorce

December 9, 2019 | Divorce,Property,Wealth

At divorce, marital property is distributed equitably. Although Illinois is not a community property state where each spouse receives 50% of the marital property, each spouse will usually receive a large percentage of the marital estate under an equitable distribution model. Any income earned during a marriage is marital property. This includes income earned while […]

Mediation in Illinois Divorce

December 8, 2019 | Divorce,Parenting (Child Custody)

Mediation is required in nearly every case where the parties cannot agree to an allocation of parental responsibilities, in other words, who gets what parenting time and who makes what decisions for the children. During mediation the spouses will sit down with a mediator, who may or may not be an attorney, and the mediator […]

The Relocation Statute: Why a Parent Cannot Move More Than 25 Miles Away

December 6, 2019 | Divorce,Parenting (Child Custody)

When parents of minor children divorce, a parenting schedule is entered as part of an Allocation of Parental Responsibilities.  Parents who have equal or majority parenting time are restricted on where they can move under Illinois law, specifically the “Relocation” statute. The Rule states that if the child’s primary residence is in Cook, DuPage, Kane, […]

Custody Disputes Caused By Alcoholism

December 6, 2019 | Divorce,Parenting (Child Custody)

A “custody dispute” involves two primary issues: a parenting schedule and decision-making responsibilities.  A parenting schedule details the amount of time the child spends with each parent throughout the year.  Decision making responsibilities pertains to the parent designated to make decisions on behalf of the child.  A parenting schedule is determined by the number of overnights each parent has with the child […]

Deciding Future Payment of Children’s College Expenses at Time of Divorce

December 5, 2019 | Divorce

Often times the last thing a divorcing couple with a young child wants to think about is who is going to pay for their child’s college 10-15 years down the road. To them, the issues that are happening now – Where am I going to live? How much money am I going to have? How much parenting […]

No-Fault In Illinois Divorce

December 3, 2019 | Divorce

Illinois is a no-fault divorce state.  Previously, in Illinois divorce law one could allege mistreatment or adultery by the spouse as a basis for the divorce.  Nowadays, one simply alleges that the marriage is broken and can’t be fixed. This is what the common divorce phrase ’irreconcilable differences have caused an irretrievable breakdown of marriage’ […]

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