In many Chicago divorce or Chicago custody cases there are no witnesses called by either party. If the dispute between the parties is complex or contentious, however, witnesses could be involved. Witnesses can be fact witnesses or expert witnesses. Fact witnesses, as...
Divorce
Alimony May Increase for Every 5 Years of Marriage
In previous posts we have highlighted some of the risks associated with delaying in filing for divorce. An additional risk that spouses, especially the “breadwinners”, should be aware of is that the timing of filing can significantly impact the amount of maintenance...
Name Change Through a Divorce Case
Many spouses take on the surname, also known as a “last name,” of his or her spouse after they are married. It is more common for women to adopt their spouse’s surname, however, some men take on their spouse’s surname and sometimes both spouses change their last name...
Maintaining the Status Quo in a Chicago Divorce Case
One of the many things that judges in the Cook County domestic relations division are interested in is maintaining the status quo that the parties have had prior to the filing of the divorce case. “Status quo” essentially refers to keeping things for the parties the...
Marriage and Divorce in the Media
There is a show on television called “Married At First Sight” in which strangers are matched by relationship professionals. The show represents that the strangers do not meet or even know each other’s names until they marry. Then after a month or so the couples decide...
Illinois Supreme Court Declares Eavesdropping Law Unconstitutional
Under the Illinois Eavesdropping Act, if a person recorded a conversation without all the consent of each person taking part in the conversation, that person would have violated the law and could possibly have been charged with a felony. However, the Illinois Supreme...
The Subpoena: A Powerful Discovery Tool in Divorce Cases
It is important that a party to a Chicago divorce conduct discovery into his or her spouse’s income, assets, and liabilities. Some people going through a divorce may groan and say, “what’s the point, I know my spouse is hiding information from me, and we will never...
Benefits and Drawbacks to Talking about Divorce Before Filing
Many people are nervous about broaching the topic of divorce with their spouse, and justifiably so. There are some potential benefits and drawbacks to bringing up divorce before the case has actually been filed. One potential benefit is that by talking about the...
Permanent Maintenance (“Alimony”) in Illinois
Permanent or life-long maintenance (formerly referred to as “alimony”) may be awarded to a spouse in an Illinois divorce. Unlike child support, there is not a statutory formula for calculating the amount of maintenance to be paid. When deciding the amount and duration...
Tips for Your First Meeting with Your Family Law Attorney
Many people feel that they have taken the first step towards a new life when they schedule their first meeting with their family law attorney. It can be a nerve-wracking experience and someone may feel nervous at the onset of a divorce or custody case. Television...
Tax Refunds and Divorces
April 15 is upon us again, and you know what that means: time to pay federal and state income taxes. Many people will receive refunds from “Uncle Sam” if they had too much money withheld from their paychecks over the past tax year. If you are going through a divorce,...
Illinois’ Residency Requirement for Divorce Cases
It seems that our society is more mobile now than ever before. People frequently move to different cities and states to pursue careers, relationships, or just to explore and be part of a new community. Chicago is a popular place to live because it is a large city with...
Protecting Your Online Activity In A Divorce
Chicago divorces can be more complex than in the past due to many forms of new technology. There are a few things every person who is considering divorce should know. If you are still living with your spouse, it is important that you take precautions to protect your...
The Valentine’s Day Spike in Divorces
Many Chicago divorce attorneys see a spike in new divorce filings around Valentine's Day. January is usually the busiest month for new divorce cases but mid-to-late February is the second-busiest time for new divorces. The reason for the Valentine's Day spike may be...
Parties to a Divorce Have Behavioral Obligations Mandated by Illinois Law
After an Illinois divorce case is started by the Petitioner and the Respondent is formally served with the divorce papers, or if he or she file his or her Appearance, the Petitioner and Respondent must refrain from certain behavior. The Illinois Marriage and...
Tips For Your Next Trip to Court
We would like to offer a few tips to people who have upcoming court dates for their divorce case in the Chicago area. Having to go to court is nerve-wracking enough, so we hope that these suggestions will help put people at ease. - Plan on arriving at the courthouse...
Having Your Spouse Contribute to Your Attorneys’ Fees
Divorcing spouses rarely have equal access to income and assets. Chicago divorce courts have recognized that the wealthier spouse will have a greater ability to afford an attorney and that this may prevent the less wealthy spouse from being able to fairly litigate his...
When Can a Child Speak to the Court?
While in Chicago divorce or parentage court we have occasionally seen a parent who brings his or her young child to court with the intention of having the child speak to the judge on his or her behalf. All parents involved in Illinois domestic relations proceedings...
Conducting Discovery in Divorce Cases
"Discovery" is the process that Illinois divorce litigants use to obtain information, usually financial, from the opposing party. Discovery is very useful because it permits parties to negotiate settlement while feeling comfortable that they are making informed...
My Spouse and I Agree on Our Divorce Terms, Now What?
When people think of divorce, sometimes they envision years-long battles played out in wood-paneled courtrooms with thousands of dollarsbeing spent on attorneys' fees. While this happens occasionally, it is much more rare than most people believe. The vast majority of...
Factors Considered By the Court When Awarding Maintenance
In Illinois divorce cases, the term "maintenance" refers to spousal support and used to be known as "alimony." The Illinois legislature created a guiding formula to calculate a minimum amount of child support. However, the legislature did not provide such a formula...