Legal News & Information - Giannola Legal LLC

How To Get Your Spouse Served

What does it mean to be served with divorce papers? Recently, Olivia Wilde’s custody case with ex-husband Jason Sudeikis made headlines when she was served live on stage while presenting the trailer for her upcoming movie. All civil cases, including divorce or custody proceedings, require that the other party be properly served with the complaint, even if that party is a celebrity. Each state has its own specific laws as to how service may be properly completed. In Illinois, pursuant...

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Recording Spouses During a Divorce

It isn’t uncommon for one spouse to want to record another spouse during the divorce process. A recording can be evidence of tension at exchanges, violations of orders, or other allegations made against your spouse. Can you record your spouse without their consent, though? Generally, it depends on the type of recording that you’re doing. Contact one of Giannola Legal LLC’s family law lawyers in Cook County, Illinois for specific recording questions on your case. Do I need my spouse’s...

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Discovery During Divorce

During a typical divorce, the parties will each issue discovery requests to the other side in order to gather documents and learn information about the other spouse’s assets and liabilities. Each spouse is entitled to be informed about the other’s financial situation. It is important to remember that discovery is a two-way street, and so just as you are entitled to your spouse’s information, they are also entitled to yours. If you have specific questions about discovery, and if you...

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Dating While Getting Divorced

A contested divorce can take years to finalize, and some people are ready to start dating while the process is ongoing. While nothing is stopping either party from dating while getting divorced, there are some things to keep in mind. Dissipation Dissipation is using marital money in a way that benefits only one divorcing spouse (750 ILCS 5/503). Generally speaking, money earned during the marriage by either spouse is marital money. When you file for divorce, you can use marital...

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Establishing Paternity in Illinois

In Illinois, 750 ILCS 46/204 states that a husband is presumed to be the father of any child his wife gives birth to during the marriage. The husband’s name goes directly on the birth certificate and he has legal rights as the father. However, if the father is not married to the mother at the time the child is born, then he must establish himself as the father legally to have legal rights as a parent to that child. If...

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Kim and Kanye are reconciling, what does this mean for their divorce?

What happened to Kim-Ye? Kim Kardashian West filed for divorce from her husband, Kanye West, on February 19, 2021. However, Kim’s appearance at Kanye’s “Donda” listening event on August 26, 2021 have led many to believe that the couple are now reconciling. Many couples, like Kim and Kanye, have attempted to save their marriage after filing for divorce, but what does that mean for the active divorce case? What is the reconciliation calendar? The reconciliation calendar is for parties who...