A claim of fraud is one of the grounds upon which an annulment might be sought in Illinois. Very often the argument made is that the alleged fraud somehow violated one of the so-called "essentials of the marriage." What does that mean? The answer in the context of family law…
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If you are reading this blog you know that ending a marriage in Illinois is commonly done through filing for divorce. Did you also know that you could, in certain situations, seek to have a marriage annulled?The fact that there are actually different words to describe these two legal actions…
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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 Until those laws were repealed, they limited the types of damages someone could pursue for a broken engagement.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…
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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…
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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…
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We are discussing a case from New York about a restraining order and a Facebook post. Family law matters are handled at the state level, not the federal level, so a case from New York would generally not have any impact in Illinois courts. However, the fact that Facebook is…
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There are a couple of givens in family law. First, divorce, even an amicable divorce, is stressful. In fact, according to the commonly used Holmes and Rahe Social Readjustment Rating Scale, divorce is second only to the death of a spouse when it comes to stressful life events.Second, people going…
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On June 26, 2015, the U.S. Supreme Court handed down its decision in Obergefell v Hodges. From that day forward, every state would be required to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their…
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In Illinois, Christmas presents are generally not marital property and, so, not subject to property division in a divorce. There are exceptions, of course. First, if the gift is made to both spouses, the court may consider it marital property. Second, when a gift is commingled with marital assets, it…
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In our last post, we talked about the challenges the holidays often bring after a divorce. We recognize, too, that the holidays can be stressful for anyone. The crowds can be frustrating, the traffic can be twice as bad as it usually is, and, really, how many times do we…
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Before the Obergefell decision, before Illinois passed the Religious Freedom and Marriage Fairness Act, LBGT couples had to find creative ways to ensure they had the same rights that a married couple would have. They relied on durable powers of attorney that granted them the right to visit their partners…
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An Illinois appellate panel has reversed and remanded a woman's petition to annul her marriage on the basis of fraud. While the case does not make new law, it is an interesting example of the subtleties of the state's marriage laws.When a married couple wants to split up, they have…
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There have been many changes to the laws regarding same-sex relationships in Illinois over the years; however, the biggest change of all came today when the U.S. Supreme Court held that gay marriage is a fundamental right in all 50 states.The 5-4 decision came as a hard-earned victory for Illinois…
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When parents choose to divorce or separate, they are still bound together by shared parenting responsibilities. This is true even in cases where one parent has sole physical child custody as the noncustodial parent still likely has legal rights to visitation.What happens, therefore in cases where a custodial parent plans…
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We've written several blog posts about child custody matters and the impact on both children and parents. In many families, child custody and visitation matters impact not only parents, but also grandparents who, as a result of a child’s divorce or split, may experience a change in access to a…
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When two parents split-up or divorce, matters related to child custody must be determined. Even in cases where a split or divorce is amicable, parents would be wise to take steps to establish a formal and court-enforceable child custody agreement. Doing so helps protect the custody rights of each parent…
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Many of us fear or have difficulty with change. Even in cases where we may not be happy, it's sometimes easier to stay the course rather than face the unknowns that accompany making a change. This is frequently the case for many unhappily married individuals and couples. Even in cases…
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To fans of the television talk show The View, co-host Sherri Shepherd is best known for providing comedic relief. More recently, however, the actress and comedian is facing divorce and child custody disputes that are no laughing matter. The 47-year-old is currently embroiled in two child custody battles, one with…
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In a divorce, it is important to protect your financial interests, whether it is by securing proper spousal support or child support, or by ensuring that your marital debts are equally divided. In the process of reaching a financial settlement it is also prudent to make sure that jointly held…
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If you were one of the many people who accepted a marriage proposal during the holiday season, chances are that you will also be asked about your feelings about a prenuptial agreement. After all, with the divorce rate still hovering at about 50 percent, you probably know someone who is…
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This week, we will discuss one more installment on the topic of advanced fertility options and family courts. As we have said in the previous posts on men who are choosing to become fathers through surrogacy, a state court grappling with child support in sperm donation cases, and custody issues surrounding…
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Earlier this summer, the U.S. Supreme Court made history when it repealed the Defense of Marriage Act, a law that defined marriage as between a man and a woman only for purposes of federal rules and benefits. The case also inspired a push in many states, including Illinois, to legalize…
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When it was announced that media mogul Rupert Murdoch and his wife, Wendi, were ending their marriage, many assumed that the divorce would be long and messy. However, it was soon reported that the couple not only had a prenuptial agreement, but they also had at least two postnuptial agreements.…
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According to a new study by researchers at the University of Illinois at Urbana-Champaign, divorce may have a stronger effect on the parent-child relationship if the divorce occurred when the child was younger as opposed to older. The researchers concluded that a divorce during the first few years of a…
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Many aspects of family life change after divorce. One such change involves family vacations. Traditions regarding summer road trips and weekend getaways may be difficult to recapture once divorced. Children may expect these traditions to continue despite the change in circumstances. While it can be difficult, there are ways to…
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Ask any attorney about family law in the state of Illinois and they will tell you that it's not only long but complicated as well. It's been a source of contention for couples for decades, causing them further frustration beyond what divorce normally brings.It's an issue the bipartisan Family Law…
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