Illinois Premarital Agreements Most people have heard of premarital agreements (often referred to as "prenups"). The law defines prenups as contracts drafted and signed by a couple prior to their marriage. Illinois has a statute, known as the Illinois Uniform...
Too often, when contemplating divorce, people believe some common divorce myths that are seemingly based on common sense. However, the facts are often different than what people think. It can be detrimental to your case if you enter into divorce proceedings without...
If you have been sued in an Illinois divorce case, a Sheriff deputy, process server or other authorized person could serve you in person with the Petition and Summons (the "divorce papers"). The Sheriff deputy or process server might serve you at your workplace or in...
Here are some helpful tips for navigating the holidays for divorced parents: Create New Traditions The holidays will feel different after divorce. Embrace the new chapter by creating new traditions. Some creative and rewarding ideas to consider are running a charity...
An Appellate court case demonstrated the legal mess and expensive post-divorce litigation that can occur when a non-attorney serves as a divorce mediator.
Discovery is the process by which parties inform themselves of important information and documents, such as the other party’s financial statements. Discovery is used used to obtain information which can help a parent make a decision on custody terms. One of the...
There are major changes to Illinois divorce and Illinois child custody laws that take effect on January 1, 2016. Starting on January 1, 2016 we will not even use the term “custody” any longer. What was referred to as “sole custody” or “joint custody” will become the...
Whether you file for divorce in Cook County, Lake County, Kane County or another county in Illinois, one of the first steps after filing will be to complete a form in which you disclose your income, expenses, assets, and liabilities. Each county currently has its own...
In previous blog entries, we have briefly summarized Steps One and Two in the usual Chicago divorce process. At this point in the Chicago divorce process, the parties will exchange financial disclosure statements. To have the best Chicago divorce process possible a...
In a previous blog entry, we discussed Step One in the usual Chicago divorce process. Of course, some cases may require different steps but this blog provides a general overview of the Chicago Divorce process. At this point, one spouse’s attorney has filed the...
News sources have been commenting on how quickly the divorce between Blake Shelton and Miranda Lambert was finalized. Sources indicate that their Oklahoma divorce was finalized quickly because they had a prenuptial agreement and they are following the terms of their...
On June 26, 2015, the U.S. Supreme Court ruled that it violates the U.S. Constitution to deny same-gender couples the right to marry. Marriage bestows a host of legal and financial benefits. Gay couples in all 50 states should now be entitled to the same rights and...
The best Chicago divorce attorneys use good judgment, attention to detail and good timing. In this post, we are going to discuss the best divorce timing.
One important step in a Chicago divorce or Chicago custody case is the discovery process. In discovery, parties may be required to respond to questions and provide documents regarding their past and present financial situation. Without at least standard, initial...
It is good to be prepared for divorce but delaying divorce, especially for an extended period, is fraught with risk. Once spouses have mentioned the possibility of divorcing, delaying it can provide a spouse with the opportunity to strengthen his or her legal and...
Today some people post on blogs or online forums about their personal information and opinions. This information is then available for an untold number of strangers to read. A party going through a contested divorce case may be tempted to fire off a comment or blog...
The Patient Protection and Affordable Care Act (“Affordable Care Act”), a.k.a. “Obamacare” was signed into law by President Obama in 2010. Many of the provisions are now coming into effect. One of the key features of the Affordable Care Act is the change which bars...
When a spouse owns a business the business may be a marital asset. In a Chicago divorce, if either party has an interest in a business that business can be appraised and if it is a marital asset it may be equitably distributed between the spouses. The value of the...
Yes, parties should be completely truthful in their divorce case and should not mislead the court, the other party or their attorneys. It is illegal to lie or mislead the court. A party should never intentionally make any false statements in court papers, including...
In previous blog posts we have discussed the risks of not conducting discovery in divorce cases. In this post we will explore what happens when your spouse refuses to participate in the discovery process. When a party issues his or her discovery requests, the requests...
A party to a same sex Chicago divorce may benefit from seeking counsel from an attorney who has stayed abreast with the recent changes to the law. Chicago divorce attorney Tanya Witt has represented parties in gay divorces. The dissolution of same sex unions in...