Last week, we discussed what constitutes dissipation of marital assets and/or the marital estate. We discussed that expenditures held to constitute dissipation are extraordinary expenses that clearly do not further common marital interests. So what is NOT dissipation? The following are considered NOT to be dissipation of the martial estate Gifts: No dissipation where a
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When A Parent “Abducts” A Child
Can a biological parent abduct his or her own child? Does abduction only occur when there is a custody dispute or divorce? The answer is “yes” a biological parent can abduct his or her own child and, “no”, a custody dispute or divorce is not a necessary precursor. A Chicago woman and her two
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DIVORCE witness list
Preparing for trial can often be an overwhelming experience. What many clients do not realize is that the Illinois Supreme Court Rules dictate how both parties must prepare for trial. Before a matter can proceed to trial, the parties must each disclose the witnesses they will call to testify on their behalf and the
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Co-Parenting During a Divorce Through “Nesting”
A “nesting” arrangement is a unique arrangement where the children remain in the family home and the parents take turns moving in and out—departing the “nest.” When the parents are not at home they live in a separate dwelling, either rotating or separate from each other. The goal of this arrangement is to
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I’m getting a divorce. Will I have to sell my house?
In many families, the parties’ home is their largest and most valuable asset. Oftentimes, one party will want to stay in the marital home rather than sell it. This tends to happen in cases where the parties have children who grew up in the home and go to school in the area. Whether or not
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How do I obtain custody of a minor child that isn’t my biological child?
Many times parties will want to file for custody of a minor child that is not their own biological child. Aunts, Uncles, siblings, grandparents and other adults often times will find themselves in circumstances where they wish to file for custody. In Illinois, you must have standing in order to file for custody of
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CHOOSE YOUR MAINTENANCE AWARD CAREFULLY
People know that alimony is now called maintenance. But few people understand what kind of maintenance is the best award for them. It is important for you to fully explore your individual circumstances to determine which maintenance award is in your best interest. There are many kinds of maintenance. A “Maintenance in Gross” award is
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Can my Attorneys Fees be paid by the other party if there isn’t an Order that has been violated?
Usually, if you have another party that has violated a Court Order, the other party can seek what are known as 508b fees from them. The decision to grant those fees are always within the sound discretion of the court (with the exception of a contempt finding). However, what if there was no order? What
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Money Matters While Undergoing Divorce
Managing regular household bills on a monthly basis can be challenging enough during marital bliss. When a couple commences the divorce process, they often face two sets of household expenses in addition to their separate attorneys’ fees. Understanding some basic rules regarding marital income and expenses can be crucial to managing expenses and minimizing debt.
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What is a Deposition?
Often in divorce or custody cases the parties will have to sit for a deposition. A deposition is usually conducted outside of the courtroom, generally at one of the attorney’s offices. The party that is being deposed is present, along with their attorney, if they have one. The opposing party may be present to listen
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