RSSFebruary, 2011 - Chicago Illinois Family Law Blog Archive
Deciding Whether a Collaborative Divorce is Right for You
While the economy is still very uncertain, with reports of unemployment and a double-dip recession common, many facing divorce in Illinois may wonder if ending their marriage will result in bankruptcy. However, there are other options available instead of divorce litigation, including the Illinois collaborative law process or divorce mediation.
To decide whether the collaborative law process is right for your situation, there are a few factors to contemplate. The Huffington Post recommends that a couple facing divorce take the following into consideration:
Alienation of Affection: South Dakota Votes to Keep Law
Recently, the House Judiciary Committee in South Dakota voted to keep a law that permits a person to file a lawsuit seeking financial damages from someone who seduces and steals their spouse, reports PlainsDaily.com.
It was a 7-5 vote by the committee to reject legislation that would have abolished the law, which has been in effect since before 1889, when South Dakota became a state. The law allowed a husband to sue if another man seduced and stole his wife. In 2002, the law was changed to allow a woman to sue if her husband was stolen by another woman. The practice is often referred to as “alienation of affection” and seven states in the U.S., including South Dakota, still permit lawsuits for alienation of affection. The other states are Utah, North Carolina, New Mexico, Mississippi, Illinois, and Hawaii.
Man Wins “Wheel of Fortune,” Wife Divorces Him: Who Gets the Money?
The Columbian reports that one couple’s divorce in Washington state has been complicated by the fact that one spouse won $51,600 on “Wheel of Fortune.” Now, the debate is whether the money is community property and therefore eligible for property division under law.
Predicting the Impact of New Civil Union Legislation in Illinois
The “Illinois Religious Freedom Protection and Civil Union Act” has been approved and the new Illinois civil union legislation will be effective starting June 1, 2011. However, as a Courier-News article points out, the exact impact and implementation of the new civil union law is not as clear.
As county registrars and county clerks begin preparations surrounding the distribution of civil union licenses, it is expected that civil unions will create more work for some offices and employees, although the exact change in workload is uncertain.
Could Facebook Jeopardize Your Marriage or Divorce?
It would seem as though we have reached the point of no return when it comes to the prevalent use of and reliance on social media sites like Facebook. But can these sites potentially jeopardize your marriage or even the outcome of your divorce? According to a recent Huffington Post article, the answer is yes.
According to Divorce Online’s Managing Director, 20 percent of all the petitions his company filed over the last several years had references to Facebook activity as the reason for why a married couple decided to split. It is suspected that the element of anonymity on these types of websites cause users to be bolder and say or do things they may not typically do if they were offline.
Federal Judge Orders Paternity Requirement Improvements
On Thursday, January 27, a federal judge ordered Indiana officials to stop refusing parents who are not married an easy way to identify a child’s legal father if one or both parents don’t have a Social Security number, IndyStar.com reports.
The ruling stems from a lawsuit against the Indiana State Department of Health by families whose immigration status restricts them from obtaining a Social Security number. Specifically, the lawsuit challenges the constitutionality of how paternity affidavits are issued, which are forms that unmarried parents can fill out to establish a child’s legal father. According to an attorney representing the families, the policy harms both legal and illegal residents, since many people who are in the U.S. legally can’t obtain Social Security numbers with certain kinds of visas.
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