Distribution of pension plans in divorce

Question: My pension does not vest until I have been working for 20 years, which is 8 years away. I have been told my soon-to-be-ex is entitled to half of my pension. But what half is she entitled to? Half of the contribution amount that is in the account as …

More States Approve Civil Unions

By Rachel D.S. Schmidt Attorney, Cordell & Cordell When Gov. Pat Quinn signed the Civil Union Act in January, Illinois joined about a dozen other states in providing legal protection to same-sex couples. The bill allows for civil unions defined as a “legal relationship” between two persons of either the …

Filing for bankruptcy at the time of divorce

Question: We are approaching our trial to figure out what debt of my wife’s I have to pay. Can I file for bankruptcy on the court order saying what I have to pay? Or do I actually have to pay all of it back? If I do, will they go …

Can I leave the home without a concern for abandonment?

Question: I would like a legal separation pending my divorce. Can I legally leave a bad marriage and the marital home without a concern for abandonment?

Dealing with a biased family law judge

Question: I am representing myself pro se in my divorce case. I am submitting a motion requesting the court set aside my child support and alimony arrears. How can I ensure that this motion will not be heard by the same biased judge who originally entered the order?

Conditions of Contempt

By William Halaz Attorney, Cordell & Cordell In my first series of articles on contempt of court, I addressed the legal concept of contempt and what it means. A typical excerpt of a Motion for Contempt reads like this: “Respondent’s failure to abide by the Judgment and Order of Dissolution, …

What is Contempt?

By William Halaz Attorney, Cordell & Cordell “Respondent’s failure to abide by the Judgment and Order of Dissolution, which included the parties’ Parenting Plan, is willful, deliberate, contumacious, and without just cause or excuse.” This is the last paragraph of a recent Motion for Contempt I filed on a client’s …

Status quo orders during the pendency of a divorce

Question: My wife has filed for divorce. Can I remove her as the beneficiary on my life insurance now? Can I also take money out of our bank account that I’m afraid she will spend?

Does my ex-wife’s remarriage affect the orders of the court to pay half of my pension?

Question: I was ordered to pay my ex-wife half of my pension. Since the order was issued she has remarried. Should this judgment still stand?

Separate and Marital Property

By Molly Murphy Attorney, Cordell & Cordell Clients frequently ask me about the difference between separate and marital property. Marital property is property acquired by either spouse during the period of the marriage, with several exceptions, which I will get into later in the article. Separate property is property that …