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Family Law Archives

Spousal maintenance may be difficult to resolve

Getting a divorce can be emotionally and financially draining no matter how amicable the process may seem. One aspect of divorce that can be particularly challenging to resolve is spousal maintenance, formerly known as alimony. The state of Illinois utilizes formulas to determine the amount of maintenance that should be paid following a divorce.

Illinois high court rules on unmarried domestic relationships

So much has changed in the past 35 years, but the Illinois Supreme Court proudly bucks the trends and fashions, standing firm on common law marriage. More than three decades have passed since the state's high court said in 1979 that it would uphold state policy and law that discourages cohabitation between unmarried partners.

'Essence of marriage' is important but hard to define

You don't hear much about annulment of marriages around Illinois. As we noted in our previous post it is a part of the family law landscape. But state law is fairly restrictive about when it can be sought and when courts can grant that a marriage never really existed in the eyes of the law.

The engagement is off, but what about the ring?

We have been talking about heart balm laws and the General Assembly's decision to repeal them as part of the family law overhaul that went into effect on Jan. 1. Until those laws were repealed, they limited the types of damages someone could pursue for a broken engagement. And make no mistake: According to Westlaw, the courts were deciding cases based on the Breach of Promise Act in 2015.

The glow of that Valentine's Day proposal has worn off. Now what?

It was all so romantic at the time. The food, the wine, the flattering lighting and that breathtaking engagement ring were enough to convince you that the person across the table from you was The One, the person you wanted to commit to, to build a life with, to raise children with. But in the cold light of early March, you realize you have made a mistake. Can you break it off? What about the ring?

Program allows Illinois inmates access to family court

An unusual program offered in Cook County is offering an underserved, perhaps forgotten, population access to family court. The program offers prisoners -- officially, incarcerated litigants -- a chance to appear before a judge via teleconference to deal with divorce, parenting time, support and other family court matters without the hassle of arranging an in-person appearance.

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