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Divorce Procedure Guide

Objections in Illinois Divorce

Knowing when and how to object can be the difference between winning and losing. Evidence rules protect you - but only if you use them.

Why Objections Matter

In a divorce trial, both sides present evidence. But not all evidence is admissible. The Illinois Rules of Evidence determine what the judge can consider - and objections are how you enforce those rules.

If you don't object to inadmissible evidence, it comes in. The judge hears it. And once the bell is rung, you can't un-ring it. This is why experienced trial attorneys know the rules cold.

Common Objections in Divorce Cases

Hearsay

An out-of-court statement offered to prove the truth of the matter asserted.

Example: "My sister told me he was hiding money in a Bitcoin wallet."

Relevance

Evidence must relate to a fact that matters in the case.

Example: "He was mean to his coworker in 2015" (not relevant to custody fitness).

Lack of Foundation

The offering party hasn't established the basis for the evidence.

Example: Introducing a bank statement without authenticating it's actually his account.

Leading Question

Suggesting the answer in the question during direct examination.

Example: "He hit you, didn't he?" (leading - proper: "What happened next?")

Asked and Answered

The question has already been asked and answered.

Example: Asking the same question five different ways to pressure the witness.

Speculation

Witness is guessing rather than testifying to known facts.

Example: "I think he probably transferred money offshore."

Improper Opinion

Lay witness offering expert opinion or improper characterization.

Example: "She's a narcissist" (requires expert psychiatric testimony).

Best Evidence Rule

Original document required when contents are in dispute.

Example: Testifying about what a prenup says without producing the prenup.

Hearsay Exceptions You'll See

Not all hearsay is excluded. Illinois recognizes numerous exceptions where the statement is considered reliable enough to admit:

Excited Utterance

Statement made under stress of a startling event

Present Sense Impression

Describing an event while it's happening

Statement Against Interest

Admission that hurts the speaker's case

Business Records

Records kept in ordinary course of business

Public Records

Government records and reports

Party Admission

Statement by the opposing party

Objections at Depositions vs. Trial

At Depositions

  • Most objections are "noted for the record"
  • Witness still answers the question
  • Objection preserved for trial
  • "Instruct not to answer" only for privilege or harassment

At Trial

  • Object before the witness answers
  • Judge rules immediately (sustained/overruled)
  • If sustained, evidence is excluded
  • Motion to strike if witness answered too quickly

Going to Trial?

Evidence rules can make or break your case. Work with an attorney who knows how to object effectively and protect your interests.

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