Under Illinois Rule of Evidence 106, if your spouse introduces a misleading partial document or recording at trial, you can demand the court admit the rest of the document or recording to provide full context. A divorce trial is very different than other trials. Most trials are about a singular moment in time: an accident, a crime, a breach of contract. In contrast, a divorce trial will require the presentment of incidents that occurred over years…and all of those incidents are in context of each other. Ensuring that the introduction of these incidences include the appropriate context requires that complete…
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Property that is deemed non-marital in an Illinois divorce cannot be divided. But, what if that property has increased in value during the marriage? Does the increase in value during the marriage make the property marital? Is the increase in value, itself, marital property because it came into existence during the marriage? Under 750 ILCS 5/503(a)(7), the increase in value of non-marital property remains non-marital, regardless of what caused the increase. However, the marital estate may be entitled to reimbursement under 750 ILCS 5/503(c)(1)(A)(ii) if marital funds or a spouse’s personal effort contributed to that non-marital asset’s appreciation. This reimbursement…
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Before a divorce is finalized or a motion in a domestic relations court is finalized, the parties often exchange documents to verify assets, incomes, etc. In lieu of refusing to exchange a document, a party may tender the document with a portion of the document’s contents redacted. A redaction is “the careful editing of a document, especially to remove confidential references” Black’s Law Dictionary (11th ed. 2019) Redacting tendered discovery is being clever by half. Redacting discovery is generally not allowed in an Illinois court. This article explains why. What Is Discovery In An Illinois Divorce? Discovery is the request of…
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When people get married, they move in with each other. This usually means buying a house together. The down payment on the house is usually non-marital (they just got married). The down payment for that house is not always evenly split between the two parties. If the couple later divorces, does the party who paid the entire down payment or the bigger share of the down payment get a credit for that down payment when the court divides their marital assets? How Illinois Courts Divide Marital Assets The first thing an Illinois divorce court does is distinguish between marital and…
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Some divorce litigants perceive their opposing counsels as soldiers in a war who are ripe for the same punishment they wish to dole out on their spouse. In reality, there is little to be done to an opposing counsel beyond being a pesty adverse party. In furtherance of promoting litigation pestilence, an adverse party may wish to subpoena the opposing counsel as a way to drag the attorney, personally, into the divorce battle which is consuming their life. This right to subpoena an opposing counsel is limited, wrong-headed and generally ill-advised. But…here we are. Subpoenaing People In An Illinois Divorce.
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Divorce judges make dozens to hundreds of decisions every day. Sometimes, those decisions are in error. A judge’s wrong decision can be appealed to a higher court. Typically, this appeals process happens at the end of a trial because, generally only final orders can be appealed. “Appeals from final judgments of a Circuit Court are a matter of right to the Appellate Court in the Judicial District in which the Circuit Court is located” Ill. Const. Art. VI. Sec. 6 “Every final judgment of a circuit court in a civil case is appealable as of right.” Ill. Sup. Ct. R.
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If you’re in the middle of a divorce in Chicago, Illinois, then you know that nothing lasts forever.  This may even include the relationship you have with your divorce lawyer. When you or your divorce attorney in Chicago decides to terminate your professional attorney/client relationship, your divorce lawyer must file a motion to withdraw as counsel with the court before your divorce lawyer can formally withdraw from your divorce case. Why Would A Lawyer Withdraw From A Divorce Case? Lawyers in Illinois are governed by the Supreme Court of the State of Illinois’ Rules of Professional Conduct.   According to those…
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Looking into divorce in Chicago means learning the specific Illinois laws that govern the process, often with the help of a divorce attorney in Chicago. Divorce in Chicago is governed by a series of rules: The Illinois Compiled Statutes, the Illinois Supreme Court Rules, the Cook County Court Rules, case law, and the standing order of whichever domestic relations judge your divorce case is assigned to. The Statute The Illinois Compiled Statutes (ILCS) is the written substantive law that determines what happens in your divorce in Chicago. Specifically, Section 750 of the ILCS, the Illinois Marriage and Dissolution of Marriage…
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Verifying both parties incomes in an Illinois divorce is crucial to determining both maintenance (formerly known as alimony) and child support. Often, it is necessary to request tax returns from the IRS in order to verify a party’s true income. Why Income Must Be Verified In An Illinois Divorce Both parties’ net incomes must be ascertained in an Illinois divorce. “”Net income” includes maintenance not includable in the gross taxable income of the payee for federal income tax purposes under a court order in the pending proceedings or any other proceedings and shall be included in the payee’s net income…
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An opposing party’s litigation posture in an Illinois divorce hearing or trial can tell you a lot about what they are actually concerned with. It is common for a party to continue to harp on one issue throughout the hearing. This is annoying not just to you, but to the judge. The judge is trying to polite and fair. You, however, are the adverse party. You may need to be fair but you do not need to be polite. Simply object upon the third time you hear about the same issue that the proposed evidence is “cumulative”. Cumulative evidence is…
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A marriage is a series of agreements. Divorces happen when those agreements start to fall apart. Some of those agreements between the couple (and others) will be upheld and some will be denied. One tool to deny agreements in an Illinois divorce is by invoking the Statute of Frauds. A Statute of Frauds is “A statute designed to prevent fraud and perjury by requiring certain contracts to be in writing and signed by the party to be charged” Black’s Law Dictionary (11th ed. 2019) Illinois’ Statute of Frauds contains two clauses that may be relevant to a divorce proceeding. Any agreement…
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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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