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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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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