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5 Chicago Area Office Locations (Click here to See All Office Locations)
Wheeling
All Correspondence   Chicago
By Appointment Only
790 Chaddick Drive
Wheeling, IL 60090
19 South LaSalle Street, Suite 707
Chicago, IL 60603
(847) 520-8100 (773) 276-6969

Chicago Divorce Lawyers & Attorneys

May 9, 2011

Chicago Divorce & Family Law

Filed under: chicago — David Siegel @ 11:36 am

The law firm of David M. Siegel & Associates handles divorce and family law cases throughout the Chicago area. We have a staff of dedicated attorneys who have made this area of practice their life’s work. If you have any questions or if you would like to set a free, initial consultation, please call. We look forward to assisting you.

Chicago Divorce & Family Law

February 27, 2010

THE TEST OF A WELL WRITTEN ORDER

Filed under: Uncategorized — David Siegel @ 8:36 am

A well-written order should satisfy the following criteria:

1. Is the Order legible? The document should be legible so it can be easily read. The Order, when hand written should be printed so that it can be easily deciphered. What is the message to the Judge to whom a poorly written and barely legible Order is presented? For openers, one conclusion is that the person
preparing the document was lazy and inconsiderate. That message extends to every other person who is forced to decipher such an Order.

2. Is the Order clear in its meaning without reference to another document? If a person with no familiarity with the case were to read the document, would it be clear on its face as to what occurred before the court without reference to another document? What was the basis for the relief requested? Any special considerations? What were the issues presented for consideration? If the court conducted a hearing on the issues presented, is the Order dispositive of each of the issues presented in the Petition or is it necessary for the reader to look to the Petition to understand what took place at the hearing.

3. Does the Order contain the required statutory language? Does the statute under which the relief is sought require that the trial judge make specific findings on questions of fact and jurisdictional issues? In such cases, the Order must recite such specific facts to give validity to the order and provide a basis for the Court to make a finding that is has jurisdiction of the parties and the subject matter of the proceedings. Two examples: 1) For the case where the issue is the custody of a child; and, 2) A case involving bad faith pleadings under Rule 137.
In each of these cases the Order or Judgment must recite that the trial court made specific findings of fact required by the statute and the order or pronouncements must logically flow from those findings. The failure of the order to contain this language may render the Order ineffective.

4. Is the language of the Order sufficiently clear and specific to place a party on notice as to the action required, and as such, to justify enforcement by rule of court to show cause for non-compliance?  If the Order fails to be specific in its terms as it relates to the obligations of a person to perform, the enforcement power of the court will be unavailable. To enforce an Order of Court by Rule to Show Cause, the movant must recite the language of the Order which the alleged contemnor violated.  If the language of the Order is unclear as to what was expected, then it would be inappropriate for the Court to issue a Rule.

5. Does the Order recite all that took place before the court [the parties present; the basis for the hearing before the court; the findings of fact by the court]? In many cases where a controversy arises over an issue presented to a court before whom there is no official court reporter or authorized recording device, the only record of the proceedings are the documents which have been filed with the Clerk of Court and the Orders entered by the Court. Beyond that there is only the memory of the parties. The significance of this scenario is that without an official record the Order is becomes the record. Where the Order is hastily drawn and the drafter fails to recite relevant facts which memorialize the events of court, the result is a poorly drafted order. The potential then exists for a later dispute as to its interpretation. When that occurs, neither the parties nor respective counsel will recall events with a similar mind-set. Inevitably the recall is from each parties own particular sense of reality which suits their self-interest. It is also possible that at the time the dispute arises that the players [attorney's, parties, judge, etc.] are other than those that participated in the original proceeding. Finally, as there is the passage of time there is dimming of recollection.

June 3, 2009

Divorce & Family Law Book

Filed under: divorce,Family Law,marriage — David Siegel @ 12:15 pm

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Divorce & Family Law
Who Has The Legal Right When Things Go Terribly Wrong

November 24, 2008

Conflicted Romantic Infidelity

Conflicted Romantic Infidelity:
This type of infidelity occurs when people experience genuine love and sexual desire for more than one person at a time. Despite our idealistic notions of having only one true love, it is possible to experience intense romantic love for multiple people at the same time. While such situations are emotionally possible, they are very complicated and tend to create a lot of anxiety and stress. In this case, cheating spouses, in their attempt not to cause anyone harm, often end up hurting everyone.

LINK

November 23, 2008

Articles and Advice on Lying, Infidelity and Cheating Spouses

Filed under: chicago divorce attorney,chicago divorce lawyer — David Siegel @ 8:00 am

The truth is rarely pure and never simple.–Oscar Wilde
Discovering infidelity, or deception by a loved one, creates a lot of uncertainty. We try to help couples work through their questions and concerns by providing an in-depth look at lying and cheating in romantic relationships. We offer information and advice for dealing with a cheating spouse or a boyfriend or girlfriend who lies. We also provide information about rebuilding trust, dealing with jealousy, resolving conflict, falling in love, and creating a healthy relationship. To help you find the information you are looking for, we have organized our site by the following topics:

LINK

November 22, 2008

How Do Affairs Begin?

Filed under: chicago divorce attorney,chicago divorce lawyer,infidelity — David Siegel @ 8:00 am

Affairs usually begin with an attraction to someone you know fairly well, someone you spend time with each week — your friends or co-workers. To illustrate how affairs develop, I post letters from two women, one who is tempted to have an affair with her husband’s best friend, and another whose best friend had an affair with her husband.

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November 21, 2008

Holyfield back in court for child support

Filed under: chicago divorce attorney,chicago divorce lawyer,Child Support — David Siegel @ 8:00 am

Former heavyweight champion Evander Holyfield was back in court Wednesday, again facing the possibility of jail time in a child-support case, but a settlement was reached after he agreed to a $100,000 college fund for his 10-year-old son. Holyfield also consented to pay private school tuition before college, reinstated health insurance for his son and settled $4,500 in attorney fees, according to Randy Kessler, a lawyer for the child’s mother, Toi Irvin. The agreement was reached before a scheduled hearing in Fayette County Superior Court in suburban Atlanta.

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November 20, 2008

Jason Caffey’s Bankruptcy Filing Dismissed, Owes Child Support for 10 Kids

Filed under: chicago divorce attorney,chicago divorce lawyer,Child Support — David Siegel @ 8:00 am

Jason Caffey, the former NBA forward, is being sued for child support for one of his 10 children and cannot file for bankruptcy, according to reports Wednesday. Caffey attempted to file for bankruptcy, but on Tuesday, his filing was dismissed. U.S. Bankruptcy Judge Margaret A. Mahoney dismissed the bankruptcy case Tuesday, which means the mothers of his children can sue for child-support payments. Caffey has 10 children with eight women in five different states. LoRunda Brown, the mother of one of his children, filed an arrest warrant against Caffey in the hopes of forcing him to pay the more than $200,000 he owes in child support. Nicole Carter was also allowed to sue Caffey over accusations that he fraudulently transferred assets meant to guarantee a trust fund set up for their daughter.

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November 19, 2008

Blagojevich Administration Successfully Collects Child Support from Parents Seeking Hunting and Fishing Licenses

Filed under: chicago divorce attorney,chicago divorce lawyer,Child Support — David Siegel @ 8:00 am

CHICAGO – Denying the hunting and fishing licenses of deadbeat parents has proven to be an effective incentive to getting some parents in Illinois to pay child support, Governor Rod R. Blagojevich announced today. September marks one year since the Illinois Department of Healthcare and Family Services (HFS) teamed up with the Illinois Department of Natural Resources (IDNR) to deny hunting and fishing licenses from parents who are not paying child support. In its first year, the program has resulted in approximately $263,506 of child support being collected for Illinois families.

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November 18, 2008

Annulment

Filed under: Annulment,chicago divorce attorney,chicago divorce lawyer — David Siegel @ 8:00 am

A court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare since the advent of no-fault divorce but may be obtained in most states for one of the following reasons: misrepresentation, concealment (for example, of an addiction or criminal record), misunderstanding and refusal to consummate the marriage.

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Law Ofices of David M. Siegel 5 Chicago Area Office Locations (Click here for All Office Locations & Driving Directions)
Wheeling Chicago Waukegan Joliet Aurora
790 Chaddick Drive
Wheeling, IL 60090
19 South LaSalle Street
Suite 707
Chicago, IL 60603
2835 Belvidere Road
Suite 202
Waukegan, IL 60085
81 North Chicago Street
Suite 303
Joliet, IL 60432
1700 N. Farnsworth Ave.
Aurora, IL 60505
(847) 520-8100 (773) 276-6969 (847) 520-8100 (815) 744-3588 (630) 966-1617
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