RSSMarch, 2011 - Chicago Illinois Family Law Blog Archive
Study Finds Female GIs Have a Higher Rate of Divorce
MSNBC recently reported on a study which found that the marriages of military women are twice as likely to end in divorce as compared to the marriages of men in the military, and up to three times as likely for enlisted women versus commissioned officers. The percentage of women in the military who get divorced has been consistently high for close to a decade.
Approximately 220,000 women have served in the military in Iraq and Afghanistan, in roles that range from police officers to helicopter pilots. According to Pentagon data, about 7.8 percent of military women obtained a divorce, in comparison to just 3 percent of men in the military in 2010. Close to 9 percent of women who were part of the military’s enlisted corps divorced that year as well, compared to a little over 3 percent of the men.
Tennessee Supreme Court Considers Case Involving Lifetime Alimony Payments
According to My Fox Memphis, the Tennessee Supreme Court is considering a case that may change the way the state awards alimony by examining the bar for limited or lifetime payments.
The case involves the divorce of a couple who, since 2007, has been involved in a legal battle. In 2009, the Tennessee Court of Appeals ordered the man to pay $1,250 per month in alimony payments to his ex-wife, and the payments were to continue for life, unless she remarried. At that time, the ex-wife was 43-years-old and was making approximately $72,000 per year, while her former husband made $137,000 per year. The couple had been married for 21 years when the ex-wife filed for divorce in 2007.
How Divorce Affects Retirement Planning and Social Security Claims
A recent article in The Los Angeles Times discussed the affect divorce and re-marrying can have on retirement planning and claiming Social Security benefits. For 72 percent of retirees that are unmarried, many due to divorce, Social Security is the primary source of income. Understanding the basics of spousal and survival benefits can help those who are divorced avoid making costly errors.
Ohio Custody Battle Between Adoptive Mother, Biological Father May Go to the U.S. Supreme Court
According to The Dayton Daily News, a contentious child custody case in Ohio resumed earlier this month and many legal experts believe it may go all the way to the U.S. Supreme Court. The custody hearing of the “Baby Vanessa” case occurred for two days in July 2010 and has been rescheduled twice; first for negotiations, and then to accommodate the schedules of the many lawyers who work on the case.
Washington State Considers Law to Require Violators of Restraining Orders to Wear a GPS Tracking Device
KLEWTV.com reports that a bill that is pending in the Washington State Legislature seeks to expand the protection offered to victims of harassment and stalking in orders of protection.
The bill, HB 1180, is supported by the family of a woman who was killed by a man who stalked her outside of the school where she taught. According to the article, the woman had an order of protection against the man, but he had violated it at least once. If the bill passes, a person who violates an order of protection would be required to wear a Global Positioning System (GPS) monitor, which would warn law enforcement officials, as well as the victim, that the offender is violating the order.
Illinois Investigates Whether Religious Foster Care Agencies Violate the Civil Union Act
According to The Chicago Tribune, state officials are now looking into whether religious agencies that are given public funding to give foster care parents licenses are violating anti-discrimination laws if they don’t allow parents that are openly gay to apply for a license. In Illinois, any adult who adopts or becomes a foster care provider for a child must attain a foster care license.
The Lutheran Child and Family Services, the Evangelical Child and Family Agency, and the Catholic Charities are under fire. If they are found to be in violation, they will be required to give openly gay foster parents licenses or face losing millions of dollars from the State. This would also disrupt over 3,000 foster children under their supervision. The policies of the Lutheran Child and Family Services prohibit the “developing or licensing foster care families who identify themselves as gay, lesbian, bisexual, transgender or questioning,” as do the other agencies.
Learning More about Civil Unions in Illinois
SB1716 (The Civil Unions Bill) will take effect in Illinois on June 1, 2011. However, besides making civil unions legal in the state, you may not know much beyond that. Thankfully, the Cook County Clerk has provided an overview of some of the highlights of the recently passed legislation.
Civil union licenses will be issued by all county clerks in the state, and will be available to both heterosexual and same-sex couples who are both at least 18-years-old. It is important to note that the clerk’s office will not perform civil union ceremonies. After a couple obtains a civil union license, they will be required to wait until the next day to have the union “solemnized” by an officiant, such as a religious official or judge. A couple will then have up to 60 days to return their civil union license to their issuing clerk as proof of their union. To end a civil union, it must be dissolved in court like divorce, rather than simply notifying a local county clerk.
Survey Finds Cohabitation Agreements on the Rise
The Detroit Free Press reports a recent survey discovered that many couples who live together, but are not married, are increasingly choosing to sign a cohabitation agreement to protect themselves in case of a split.
The survey was conducted by the American Academy of Matrimonial Lawyers (AAML), a group of about 1,600 divorce attorneys. According to the survey, approximately 48 percent of the lawyers have seen an increase over the past five years in the number of couples that are “duking it out in court.” However, 39 percent of those lawyers report a rise in the number of cohabitation agreements for couples who live outside of legally recognized marriages.
Oklahoma Bill Regarding Military Division of Property in Divorce Causes Controversy
A new bill introduced in the Oklahoma legislature would limit a military spouse’s ability to claim a portion of their spouses’ military pension and benefits, reports Tulsa World.
Legislation Proposed to Prevent U.S. Military Members from Losing Child Due to Service and Deployment
According to ArmyTimes, legislation has been proposed that would prohibit active military service members from losing custody of their children simply because of deployment. U.S. Defense Secretary Robert Gates supports the legislation, which reverses the Department’s position regarding the issue.
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