People don’t get divorced because they (or their spouse) were an angel. People usually get divorced after being subjected to some very reprehensible behavior. Does that behavior allow for punitive damages in the subsequent Illinois divorce? Punitive damages are “damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit; specifically, damages assessed by way of penalizing the wrongdoer or making an example to others” Black’s Law Dictionary (11th ed. 2019) For the most part, punitive damages are not allowed in an Illinois divorce. Assets and Support Are Awarded Without Regard To Bad Behavior Illinois divorce…
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During an Illinois divorce, many agreements are reached before the final judgment. These interim, non-final agreements (in emails, court orders, or memoranda) may or may not become binding. When do they bind you, and how can you protect your interests? Why Are Non-Final Agreements Important In An Illinois Divorce? Almost every agreement between parties in an Illinois divorce gets reduced to writing and is memorialized as an order. But, you only have to live with these agreements/orders until you change them. These orders are all temporary and can be changed at any time. “(d) A temporary order entered…: (2) may be revoked…
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Orders of protection are for people in fear of another person…whom they were in a relationship with or shared a home with? Confronting someone you are both that close to and in fear of is overwhelming. Illinois law allows that the first time a victim of abuse is in court, the victim can testify without the alleged abuser there. The victim need not even notify the alleged abuser of their intent to secure an initial, emergency order of protection. This “petition by surprise” allows the petitioner immediate protection where notice might provide a final opportunity for the respondent to harass…
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Imagine your ex waits years before asking the court to enforce a provision in your divorce judgment. Can they still get relief? Two defenses often stop these late requests: waiver and laches. When someone doesn’t do something in an Illinois divorce matter, the other party can say “Sorry. You snooze, you lose. You should have asked for that months/years ago. We’re not dealing with it now.” There are two legal bases for denying some kind of relief that the other party has brought up at the proverbial last minute: Waiver and Laches. Waiver In An Illinois Divorce Case Waiver is…
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Pensions are often one of the biggest assets in an Illinois divorce. Unlike cash or property, pensions cannot simply be split at the time of divorce. Instead, Illinois law provides several ways to divide a pension, most commonly through a Qualified Domestic Relations Order (QDRO), but also through present value or reserved jurisdiction approaches. Choosing the right option can significantly affect your financial future. A pension is “a regular series of payments made to a person (or the person’s representatives or beneficiaries) for past services” Black’s Law Dictionary (11th ed. 2019) Pensions make sense. While you worked you got a paycheck…
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Life insurance is insurance against a person’s life that pays out money upon the death of the person. People typically purchase life insurance to support their family if they can no longer support their family due to death. What happens if you get divorced? You probably no longer want your spouse to benefit from your death. If you have children, you definitely want your children to be the beneficiaries of a life insurance policy. Does your spouse have to get that money to support the children? It all depends. If you already have life insurance an Illinois court has the…
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Divorcing can be expensive, but what if you can’t afford to pay for attorney’s fees? In Illinois, divorce laws offer some relief if you truly cannot pay attorney’s fees. But, proving you’re ‘broke’ is only part of the challenge. An Illinois divorce court can award attorney’s fees from one party to the other party’s attorney under 750 ILCS 5/508(a) and 750 ILCS 5/501(c-1). These two statutes work in tandem. “The court from time to time, after due notice and hearing, and after considering the financial resources of the parties, may order any party to pay a reasonable amount for his own or the…
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Illinois divorces hearings and trials work in a very specific order. The petitioner or the person presenting the motion to be heard calls their witnesses and puts on their case first. The opponent can cross-examine the witnesses the petitioner or movant has presented but cannot introduce independent evidence in the middle of the other party’s case. Likewise, when the respondent to the Petition for Dissolution of Marriage or the motion to be heard puts on their case, the petitioner or movant cannot interject in the middle of their opponent’s case with independent evidence. Both parties must wait for a period…
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In Illinois, when parents are unable or unwilling to care for their children, grandparents often step in. But getting legal custody as a grandparent is not automatic, even if the child lives with you. In Illinois, grandparents can seek custody of their grandchildren under Illinois law but there are significant hurdles if a parent challenges grandparent custody. The courts in Illinois are happy to grant a good grandparent (or anyone really) custody of the child but only if the parents are not already exercising custody.  “A proceeding for allocation of parental responsibilities with respect to a child is commenced in…
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When a party to an Illinois divorce has an overseas bank account, that account must be disclosed and, if found to be marital property, equitably distributed by the court. If the overseas account is not disclosed, Illinois divorce courts possess limited powers to investigate bank accounts in other countries. In an Illinois divorce, locating and dividing overseas bank accounts requires a combination of legal strategy, discovery tools, and persistence. Courts may lack jurisdiction over the foreign bank…but not over the spouse who controls the accounts Marital Assets are Divisible In Illinois No Matter Where They Are Located If the foreign…
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In Illinois, if your spouse empties a joint bank account before or during a divorce, you can’t rely on automatic protections but you can file a motion for temporary relief or to maintain the financial status quo. Courts can order the funds restored or award you temporary support. Act quickly and consult an attorney to restore financial security to your household. Can A Spouse Legally Empty A Joint Bank Account Before Or During An Illinois Divorce? Before a divorce is filed, there is no mechanism to prevent anyone from emptying a bank account. The parties are only limited by the…
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To effectively litigate an Illinois divorce court, you must know A LOT: Statutes, case law and the Illinois Supreme Court Rules at a minimum. In addition to these bodies of knowledge, every county court has its own local rules that must be followed. These local rules let local courts govern the way they handle their cases. “Subject to the rules of the Supreme Court, the circuit and Appellate Courts may make rules regulating their dockets, calendars, and business. 735 ILCS 5/1-104(b) “Local court rules are required to be procedural in nature and cannot modify or limit the substantive law.” In…
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Defending against an Order of Protection In Illinois is not easy. Illinois law makes Orders of Protection relatively simple to secure. An Illinois court need only find that abuse occurred to issue an order of protection. “If the court finds that petitioner has been abused by a family or household member…an order of protection prohibiting the abuse, neglect, or exploitation shall issue” 750 ILCS 60/214 (emphasis mine) The legal standard for determining whether abuse occurred is “the preponderance of the evidence” whether it was more than 50% likely that the abuse occurred. “The standard of proof in such a proceeding…
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