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Showing posts from December, 2021

Should You Sell Your House Before Divorce or Wait?

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  Many questions arise about property division when couples are facing divorce, especially when the couple owns a home during the marriage.  What should you do with it now that you are divorcing?  Should you sell your house before divorce ?  Should one spouse buy out the other?  How do we decide which way is best? Selling Your House Before Divorce  If you are in Chicago, it is a good time to sell your house.  The current real estate market is pricing homes at an all-time high, and sellers can sell their homes for top dollar. If you decide to sell your house before your divorce is final, and you and your spouse cannot agree as to the division of the monies received once you have paid off all the necessary expenses like the realtor, the judge will require that the proceeds be placed in the care of one of the attorneys until the case is over.  Many times, couples will wait until the divorce is finalized to sell the house, but it is not necessary to d...

Man Convicted Of Murder Denies Facebook Post

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  The blogs on our website are always about family law, but the rules of evidence are important in all cases.  In a family law case, the use of a Facebook post is often used to expose negative aspects of one of the parent’s behaviors.  It is for that reason; I tell my clients to be very careful of what is posted on social media.  The case of Lorenzo Kent highlights exactly why posts on Facebook should never occur.  2017 IL App (2d) 140917-State of Illinois v. Lorenzo Kent Man Convicted of Murder Denies Facebook Post The trial court heard the evidence against Lorenzo Kent who was accused of shooting and killing Donmarquic Jackson.  Lorenzo was sent to prison for 55 years. On the evening of May 6, 2013, Donmarquis was shot in the driveway of the residence he shared with his girlfriend, Doris Gregory, and her mother, Sally Gregory. Donmarquis did not have a good relationship with his former girlfriend, Kimiko Wilson, who was in a relationship with Lorenzo aro...

Is It Too Late to Switch Divorce Attorneys?

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Many clients do not realize that they can switch divorce attorneys should they choose to do so, during the course of their divorce litigation. They remain with attorneys whom they are dissatisfied with because they do not understand the process for switching attorneys, or because they don’t realize that it is permitted.  While there are certain reasons you may not want to switch counsel in the middle of your case, it is something that is possible and should be explored in the event that you are dissatisfied with the services of your divorce lawyer. Red Flags and Reasons to Consider a Switch Your Divorce Attorney So, when should you consider switching divorce attorneys? The reason to do so is going to be different for different people. You cannot switch divorce attorneys every time the judge doesn’t make a ruling in your favor because it ends up being very expensive and it is probable that the attorney may not be at fault for the result.  In our experience as Chicago divorce la...

What Is a Child Custody Evaluation?

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If you are facing a child custody case in Chicago, you may be wondering what a child custody evaluation is and how it is used in the custody process. A child custody evaluation is a standard evaluation ordered by the Court. It helps the Judge make decisions about parental responsibilities and parenting time. The Court may order this pursuant to 750 ILCS 5/604.10(b) . Illinois statute 750 ILCS 5/604.10(b) states: “(b) Court's professional. The court may seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interests. The advice to the court shall be in writing and sent by the professional to counsel for the parties and to the court not later than 60 days before the date on which the trial court reasonably anticipates the hearing on the allocation of parental responsibilities will commence. The court may review the writing upon receipt. The writing may be admitted into evidence without testimony f...