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DEFAULT JUDGMENT DOES NOT END THE LITIGATION

The parties had been married in Iowa. They lived together until wife moved to Illinois. Wife filed a Petition for Dissolution of Marriage in Illinois. Summons was issued to husband.  He was then a resident of the state of Georgia.   He was personally served. The petition for dissolution requested that the court award wife a [...]

VOW TO CARE FOR A SPOUSE UNTIL DEATH REMAINS A WEE BIT INTACT

The trial court held that the home in which parties resided for their 28–year marriage was marital property.  It awarded the home and its furnishings to wife.  Husband appealed. The marital home, located in Winnetka was acquired by the parties after their marriage.   It was acquired and built from the proceeds from the sale of [...]

By | April 25th, 2019|Property Division, Uncategorized|0 Comments

IT’S OURS, NOT YOURS

At the divorce trial, the Trial Court held that the marital residence was husband’s non marital property.  It ordered husband to reimburse the marital estate for monies it had contributed to build the marital residence. Wife argued that the residence was marital property.  Wife appealed. Husband had contributed a substantial amount of non-marital funds towards [...]

By | April 25th, 2019|Property Division, Uncategorized|0 Comments

IS IT CIVIL OR CRIMINAL CONTEMPT?

The trial court entered a judgment of dissolution.  A few days before trial, wife’s attorney was allowed to withdraw from representing her.  On the same date that the attorney had filed the motion to withdraw. Wife was awarded a condo owned by the parties. Wife was required to pay all expenses associated with the condo.  [...]

By | April 19th, 2019|Financial Issues When Divorcing, Uncategorized|0 Comments

STILL LEARNING HOW TO APPLY THE NEW MAINTENANCE GUIDELINES

The Trial Court denied ex-husband's petition to modify or terminate maintenance.  It granted ex-wife's motion to modify maintenance.  It calculated maintenance to wife based on the amended guidelines.  The parties’ divorce had taken place before the new guidelines were in effect. The Trial Court increased ex-husband's obligation based on its calculation of his income.   Husband [...]

By | April 19th, 2019|Spousal Maintainence, Uncategorized|0 Comments

I AM NOT THE DAD!

The divorce decree included a child custody agreement.  It was for a minor child born to wife during the marriage.  Wife filed a petition alleging that husband was not paying his share of the child’s expenses. Husband filed a petition to terminate his parent and child relationship with the minor.   Husband had always thought he [...]

By | January 4th, 2019|Paternity, Uncategorized|0 Comments

YOUR PAST CAN FOLLOW YOU

The parties are in court for a hearing for a two year order of protection.   The mother testified to two specific fact patterns that did not appear in her underlying petition.   (1) that the father had pushed their son into a wall.   And, (2) that the father hit their son in thehead with a cell [...]

By | December 18th, 2018|Uncategorized|0 Comments

WHO’S MY FATHER?

There were allegations of abuse by their father, Jaime D.   A 5-year-old boy, J.D., and his 2 sisters were placed in temporary custody of DCFS.  A DNA test then showed that Jaime D. was not the boy’s father. Mother testified that a different man, Alejandro A., was the boy's father. Jaime D. had signed a [...]

By | December 18th, 2018|Paternity, Uncategorized|0 Comments

CAN’T I HAVE TWO FATHERS? YES, SORTA

If Todd can prove that Robert was his natural father, he may inherit from both his natural father and adoptive parents. A finding in the probate action that Todd is the natural son of Robert would have no effect on the adoption. William Renchen would still be Todd's legal father. Todd is trying to establish [...]

By | December 5th, 2018|Adoption, Family Law Issues, Uncategorized|0 Comments

WHAT CAN HAPPEN IF YOU DON’T RESPOND TO DISCOVERY REQUESTS?

The trial court held a hearing on the status of the discovery of this case. Plaintiffs stated that as of that date, the defendant had still not produced all of the requested documents. Defendant's counsel stated that his client was in good-faith compliance with the spirit of discovery. He complained that most of the documents [...]

By | December 5th, 2018|Family Law Articles, Uncategorized|0 Comments