Family & Divorce

Attorney Susan A. Marks was recently acknowledged by Lawyers of Distinction for her remarkable legal abilities and unwavering commitment. With a profound understanding of the law and a consistent dedication to excellence, she has guided numerous clients through the complexities of the legal system, consistently ensuring favorable outcomes.   Susan A. Marks has been honored […]
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When a marriage comes to an end, particularly under circumstances where one spouse is primarily responsible for the divorce, emotions can become heated. In some cases, a person may believe that their spouse should be punished for infidelity or other actions that led to the breakdown of their relationship. If you are planning to end your marriage in Illinois, you may wonder whether being the “innocent” spouse might impact your eligibility for alimony, also known as spousal maintenance. As you address this issue and other divorce-related concerns, it is important to understand the nuances of Illinois law regarding spousal maintenance
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An Illinois Divorce can be stressful under the best of circumstances. Even if the separation is amicable and you agree on most issues, it’s a time of significant life change and often emotional turmoil. That stress can be significantly aggravated when there’s a lot of conflict. But, there are steps you can take to dial down the stress, minimize conflicts, and keep your case moving forward. 
When is a Divorce High-Conflict?
There’s no formal definition for “high-conflict divorce,” but we generally use that term to mean what you’d think: that there are significant points of disagreement in the case. Sometimes,
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Divorce trials are high-pressure environments. No amount of practice will guarantee that a witness will say exactly the right thing. The court system is conscious of the frailty of human memory and allows attorneys to refresh their witness’s recollection with a document if necessary.

Refreshing A Memory In An Illinois Divorce Court?

It may sound bizarre, but a lawyer can stop a witness and politely ask, “Are you sure about that? Would you like to refresh your recollection?,” and then hand the witness a document stating what the lawyer would like the witness to say.  

“It is well settled
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In the state of Illinois, changing your name after a divorce is a common and often important step in the process of moving on and starting a new chapter in your life. Understanding the legal process involved in changing your name can help make the transition smoother and less stressful. For any questions you may have, discuss them with your attorney. He or she will have helped clients in the past change their name after a divorce and can walk you through the process to help you get it taken care of as quickly as possible. Here is a
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People get divorced because they cannot communicate and/or cannot rely upon each other. The family law system then expects those parties to come to a full agreement on all issues…and follow that agreement to a tee. This is a tall order.

To encourage reasonable, if not good, behavior while living under a divorce agreement, Illinois courts can imbue the good faith and fair dealing doctrine into an existing agreement between two ex-spouses.

Divorce Agreements In Illinois

Illinois divorces are mostly resolved by agreement. In an ideal divorce, the parties enter into temporary agreements to keep the peace until they can
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Chief Justice Mary Jane Theis and the Illinois Supreme Court announced the adoption of new Rule 909 which establishes a statewide framework for courts to utilize “parenting coordinators” to resolve minor issues causing conflict in family law cases. The new Rule is effective immediately.
New Rule 909 and the Illinois Supreme Court Rules can be found here.
New Rule 909, first proposed by the Illinois State Bar Association and approved unanimously by the Supreme Court Rules Committee, allows for each Illinois judicial circuit, if it chooses, to establish a parenting coordination program via local rule. Several judicial circuits, including
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Opinion Date: March 12, 2024
Areas of Law: Family Law, Mental Health Law

This case involves an appeal against a judgment from the Montana Eighteenth Judicial District Court, Gallatin County, which committed the appellant, G.M., into the custody and care of the Montana State Hospital (MSH) for involuntary mental health treatment. The key issue at hand is whether the District Court erroneously found that G.M. was unable to adequately care for her own basic needs and safety based on hearsay statements made by her husband through the testimony of a court-appointed professional.
G.M., aged 66 at the time of the
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In most cases, yes, you can refuse to get married unless your fiance or fiancee agrees to sign a prenuptial agreement. However, you will need to be careful to avoid later accusations of coercion, which can cause your agreement to be deemed invalid. While it is wise to not get married without a prenuptial agreement, it is important to speak with a knowledgeable Naperville, IL, prenuptial agreements attorney to ensure that your prenuptial agreement can be enforced later should you get divorced. Mistakes made in the process of creating such a contract can mean that your agreement will
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Acknowledging that your marriage has failed is no easy task. With a divorce looming, you might find you are emotionally and even physically overwhelmed by everything you need to think about. Who will get our home? What will happen to our retirement funds? If you have children, these questions only increase. Trying to make plans for an uncertain future can be stressful, especially if you do not have any previous experience with divorce.
It is wonderful if you have friends and family around who want to help and support you during this difficult period. But beyond the emotional and even
Continue Reading Should I Consider Divorce Coaching in Illinois

Kogut & Wilson is pleased to announce the opening of its newest office in southwestern Orland Park, marking the firm’s third location and enhancing accessibility for our suburban clients.
Building upon the success of the Park Ridge office opening in 2019, this move reflects the firm’s steadfast commitment to delivering exceptional client service amidst its growth. Eva Kogut notes, “Our increased presence throughout the Chicago landscape allows clients the flexibility to engage with us at different locations, selecting the option that aligns best with their needs and schedules.”
Kogut & Wilson’s newest office, located at 15255 S. 94th Avenue on
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There are many reasons why a couple might wish to end their marriage. While the state of Illinois takes marriage seriously, and there is a process that needs to be carried out for a couple to end theirs, ending it is a legally recognized possibility, and no one needs to feel stuck. Whether you or your spouse have changed in some way, or you realize you never should have gotten married in the first place, you certainly have legal options for putting an end to your marriage. This article will describe some of those, and an experienced DuPage County, IL
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Living in the United States affords you a great deal of freedom and civil liberties. People are largely free to make decisions for themselves and eat, wear, think, and do whatever they want unless what they want could pose a threat to them or others. That is why there are speed limits, food and drug regulations, rules about how a business needs to treat its customers, and countless other ways the law restricts us to protect the greater good.
One area you may not expect there to be regulations involves who you can marry. In the state of Illinois, certain
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Divorce is a very significant life event that can be filled with complexities and challenges, especially when it comes to navigating the process of litigation. In Illinois, divorce litigation offers a formalized way to resolve serious disputes related to the dissolution of marriage. Still, it also comes with its own set of advantages and disadvantages that you should consider before proceeding. Knowing the advantages and disadvantages of divorce litigation is very much in your interest. Regardless of what you decide, obtaining high-quality legal guidance in the form of an attorney is among the most critical aspects of the divorce
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DUI is one of the most common criminal charges people have on their records. It is very easy to not think you are too intoxicated to drive and then to be proven wrong after a routine traffic stop. If you are getting divorced with children, your spouse might be threatening to use your DUI against you to get full custody of your children or to otherwise make you look bad. In many cases, this is an empty threat. Having a minor criminal record does not somehow make you entitled to less than your fair share of the marital assets or
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People draw up wills to dictate how their assets will be distributed after they die. In general, whatever is included in a will is respected as the last wishes of the person whose will it is, otherwise known as a testator. However, there are some circumstances in which the people left behind challenge a will because they do not believe it reflects the real wishes of the person who signed it. There are various reasons given for such doubt, but a major claim is that the person lacked testamentary capacity when they signed it. This can be a very complicated
Continue Reading How Does Testamentary Capacity Impact Contested Wills in Illinois?