Summary
**Summary:** A 1926 customs dispute over Brancusi's *Bird in Space*—dismissed as "kitchen utensils"—forced judges into the unfamiliar role of defining art, a two-year battle that underscores how even experts falter in uncharted territory. This Illinois family law checklist applies that lesson to divorce proceedings, emphasizing critical cybersecurity measures like encrypted communications, two-factor authentication, and VPN usage to protect against digital exposure and identity theft—risks that spike dramatically during contentious separations.
Why This Checklist Exists: "In 15 years practicing family law in Cook County, I've seen unprepared clients lose winnable cases. The case that turned justices into art critics teaches us something vital: even experts struggle when facing unfamiliar territory. This checklist ensures you don't make those mistakes."
In 1926, customs officials examined Constantin Brancusi's bronze sculpture *Bird in Space*. They declared it "kitchen utensils and hospital supplies." This sparked Brancusi v. United States (1928)—the case that turned justices into art critics. Judges had to answer an impossible question: What is art?
That case took two years to resolve. Your Illinois family law case doesn't have to. Use this checklist to stay organized and prepared.
30 Days Before Filing: Critical Preparation
The Brancusi team spent months gathering expert witnesses. You need similar preparation. Start 30 days before filing.
- ☐ Gather financial records: Last 3 years of tax returns, bank statements, and investment accounts
- ☐ Document digital assets: Cryptocurrency wallets, PayPal accounts, and Venmo balances
- ☐ Secure sensitive communications: Use encrypted email like ProtonMail for attorney correspondence
- ☐ Change passwords: Update all bank, email, and social media passwords using a password manager
- ☐ Screenshot evidence: Capture text messages, emails, and social media posts while preserving metadata
- ☐ Inventory valuable property: Photograph art, collectibles, and high-value items with detailed descriptions
- ☐ Locate appraisals: Gather existing valuations, purchase receipts, and provenance documentation
At Filing: Required Documents
Brancusi's team filed formal paperwork to challenge the customs decision. Your Illinois case requires specific forms too.
- ☐ Petition for Dissolution of Marriage or Custody (check current ILSC form numbers)
- ☐ Summons for service on opposing party
- ☐ Financial Affidavit—must be sworn and notarized
- ☐ Filing fee payment (verify current Cook County amount)
- ☐ Certificate of Dissolution (if applicable)
- ☐ Parenting Plan proposal (for cases involving children)
Discovery Phase: Evidence Collection
The case that turned justices into art critics succeeded because of thorough evidence. Expert witnesses educated the court about modern art. Your discovery phase requires similar preparation.
- ☐ Respond to interrogatories within 28 days per Illinois Supreme Court Rule 213
- ☐ Produce requested documents using secure file transfer—never unencrypted email
- ☐ Prepare for deposition by meeting with your attorney at least 48 hours before
- ☐ Identify expert witnesses for property valuation if needed
- ☐ Request opposing party's financial disclosures
- ☐ Document any hidden assets or undisclosed accounts
Handling Valuable Property: Lessons from Brancusi
When art or collectibles are involved, classification matters. The Brancusi case proved that experts must translate complex value concepts for judges. Apply these lessons:
- ☐ Obtain professional appraisals: Courts rely on expert opinions, just as they did in 1928
- ☐ Document provenance: Purchase records, exhibition history, and authentication papers
- ☐ Photograph everything: Take detailed images of art, antiques, and collectibles
- ☐ Consider privacy protections: Request sealed records for sensitive valuations
- ☐ Identify qualified experts: Appraisers who can testify if needed
Cybersecurity Safeguards During Your Case
Brancusi's case played out publicly in newspapers. Today's cases face digital exposure risks. Protect yourself:
- ☐ Enable two-factor authentication on all accounts
- ☐ Monitor credit reports weekly—identity theft spikes during divorces
- ☐ Use a VPN when accessing case documents from public Wi-Fi
- ☐ Never discuss case details on social media—posts become discoverable evidence
- ☐ Create new email accounts for case-related communications
- ☐ Review privacy settings on all shared devices
14 Days Before Trial: Intensive Preparation
The Brancusi trial featured museum directors and renowned artists as witnesses. Your preparation should be equally thorough:
- ☐ Review complete exhibit list with your attorney
- ☐ Prepare witness testimony outlines
- ☐ Organize a clear timeline of events
- ☐ Confirm expert witness availability and preparation
- ☐ Review opposing party's witness list
- ☐ Practice direct examination responses
Final Preparations Before Trial or Hearing
The justices who became art critics in 1928 rendered their decision after careful deliberation. Help your judge understand your case clearly:
- ☐ Arrive 30 minutes early to locate your courtroom
- ☐ Dress professionally in business attire
- ☐ Bring organized copies of all relevant documents
- ☐ Silence all electronic devices
- ☐ Review courtroom etiquette with your attorney
- ☐ Prepare a brief opening statement summary
Post-Judgment: Protecting Your Outcome
After Brancusi won, the government chose not to appeal. Your case may face different challenges:
- ☐ Understand appeal deadlines: Time limits are strict in Illinois
- ☐ Document compliance: Keep records showing you followed court orders
- ☐ Monitor enforcement: Track whether the opposing party complies
- ☐ Update estate documents: Revise wills and beneficiary designations
- ☐ Secure awarded property: Transfer titles and update insurance
Key Deadlines to Track
The Brancusi case took approximately two years from 1926 to 1928. Illinois family law cases have specific deadlines:
- ☐ 28 days: Response deadline for interrogatories
- ☐ 30 days: Typical response time after service
- ☐ 90 days: Minimum waiting period for uncontested divorce
- ☐ Check current local rules for your specific county
Download printable PDF checklist [link]
This checklist is your roadmap. But every case is unique—just as every piece of art required individual evaluation in the case that turned justices into art critics. Consult with an Illinois family law attorney to customize your strategy for your specific situation.
For more insights, read our Divorce Decoded blog.