Section 713 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/713) addresses body attachments for failure to pay maintenance or child support. As used in this Section, “obligor” has the same meaning ascribed to such term in the Income Withholding for Support Act. The following provisions provides for the court’s authority to
Continue Reading »Oftentimes a spouse will call in stating that he/she wants a divorce and that both spouses have agreed on everything; all they need is someone to write it up so they could sign on the dotted line. The problem with this scenario, however, is that if the couple can agree on everything, they wouldn’t be
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Most people have heard of pre-nuptial agreements. What is not often discussed is a post-nuptial agreement. A post-nuptial agreement is an agreement that is made after a parties’ marriage. Pre-nuptial agreements are entered prior to the date of marriage in exchange for the marriage. For post-nuptial agreements, the exchange is the continuation of the marriage.
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Many parties believe the hardest part of their family law dissolution of marriage matter is behind them when they settle all of the terms of their agreement. However, things can get very complicated, despite the terms of the agreement being agreed to. For one thing, a divorce settlement agreement that is acceptable to the Court
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There are certain instances when a judge may be substituted due to cause. However, more frequently, a substituting a judge is by right without any other explanation in accordance with 735 ILCS 5/2-1001. In domestic relations, an attorney may make the recommendation to their client to substitute a judge as a matter of right for
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One question we are commonly asked at the onset of a divorce, is whether their spouse is entitled to a part of their pension or retirement. Most people assume that because the account is under their name and paid from their income, that the pension or retirement belongs to that person alone without any claim
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