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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 |2019-04-25T17:43:20+00:00April 25th, 2019|Property Division, 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 |2019-04-19T18:42:53+00:00April 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 |2019-01-04T18:08:36+00:00January 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 |2018-12-18T22:00:06+00:00December 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 |2018-12-18T16:55:03+00:00December 18th, 2018|Paternity, 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 |2018-12-05T20:15:10+00:00December 5th, 2018|Family Law Articles, Uncategorized|0 Comments

MAKE SURE YOU ARE USING VALID REASONS FOR NOT ANSWERING

Defendant appeals from the order of the Circuit Court compelling her answers to certain questions. They had been asked during the taking of her discovery deposition. Plaintiff was awarded his costs for the noncompliance by defendant. Plaintiff's attorney had requested that the defendant produce certain documents within 28 days. It was now a day or [...]

By |2018-12-05T20:14:29+00:00December 5th, 2018|Family Law Articles, Uncategorized|0 Comments

THE VOW OF MARRIAGE TO CARE FOR A SPOUSE UNTIL DEATH….

The divorce court first listed all of the various items of property. It then placed a total value on each item of property. In this case that total value was $2,847,964.51. The court then determined which items of property were marital and which items were nonmarital. The trial court concluded that husband was entitled to [...]

By |2018-11-27T22:25:27+00:00November 27th, 2018|Financial Issues When Divorcing, Uncategorized|0 Comments
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