RSSNovember, 2011 - Chicago Illinois Family Law Blog Archive
Same-Sex Military Couples File Lawsuit in Federal Court for Equal Benefits
As same-sex couples find acceptance across the nation, it is inevitable that the federal government must address equality issues that relate to their jurisdiction. The U.S. government may have this chance very soon as a group of same-sex military couples have filed a federal lawsuit, according to SeacoastOnline.com. Unfortunately, a group of high-ranking U.S. government officials, including Republican Speaker of the House John Boehner and Democratic Leader Nancy Pelosi are already determined to fight the suit, which seeks to obtain military benefits for same-sex couples equal to heterosexual couples.
The lawsuit names 16 plaintiffs and was filed in a Massachusetts federal court on behalf of “current and former active duty members of the United States armed forces seeking equal benefits for equal work.” The benefits sought include retirement, family separation benefits, additional housing allowances, military ID for spouses, extended insurance coverage, and spousal death benefits. The defendants named in the lawsuit include the U.S. Attorney General, U.S. Secretary of Defense, U.S. Secretary of Veterans Affairs, and even the United States of America itself. The Department of Justice has until December 31 to respond to the lawsuit.
Research Reveals Relationship Recognition Patterns of Same-Sex Couples
The Williams Institute, located at the University of California, Los Angeles (UCLA) School of Law, is a “national think tank” which advances sexual orientation and gender identity law and public policy through independent research. It’s most recent research study, released this month, has identified patterns of relationship recognition by same-sex couples throughout the U.S. and came to some interesting conclusions.
According to the research study, 19 states and the District of Columbia have implemented new laws that extend legal relationship recognition to same-sex couples since 1997, either by marriage, state-registered domestic partnerships, civil unions, or limited-rights statuses. Illinois very recently joined this list of states after implementing its civil union law in June. Each type of legally recognized relationship carries different rights and responsibilities. The analysis of same-sex couples who have taken advantage of such laws revealed the following:
Demi Moore Files for Divorce from Ashton Kutcher
On November 17, actress Demi Moore announced that she is filing for divorce from her husband of six years, actor Ashton Kutcher, according to The Huffington Post. Moore, who is about 16 years older than Kutcher, told the Associated Press that she decided to end her marriage to Kutcher “with great sadness and a heavy heart.”
In September, rumors about marital troubles began when Kutcher was allegedly caught cheating on a trip to San Diego. Kutcher denied the rumors. However, after his alleged mistress stepped forward, it fueled the media fire. Moore and Kutcher apparently tried to work through the issues in their marriage, but Moore eventually made the decision to divorce. Moving vans were seen outside the couple’s house in October, supporting rumors that the pair was in fact splitting. Camping and Kabbalah counseling did not bring reconciliation, and, unfortunately, neither did spending time at Bruce Willis’ vacation home on Turks and Caicos early this month. Bruce Willis and Demi Moore were married for 10 years and have three children. They remain good friends.
Divorces May Hurt Republican Presidential Hopeful’s Chances for White House
The 2012 presidential election has several potential candidates. One Republican presidential hopeful is Newt Gingrich. But, according to an article in The Huffington Post, his past tumultuous private life may affect his chances of being voted the Republican presidential nominee.
Recently, the 68-year-old former House Speaker addressed his past divorces and affairs in an interview with “Fox and Friends.” Currently, he is married to wife number three and has previously admitted to having had affairs. Gingrich also led the charge for the impeachment of President Clinton for his affair with Monica Lewinsky. Gingrich opened up about his regrets during the Fox interview and discussed how his past relationship decisions may compromise his presidential aspirations. Gingrich believes voters will have to “come to their own judgment” on whether he is “somebody that [they] would trust to lead the American people.”
Civil Union Law Inspires Some Illinois Same-Sex Couples to Change Names
The passing of the civil union law in Illinois was enthusiastically supported by the State’s gay community. Since its effective date on June 1st, the law has created many benefits and many challenges, both for same-sex couples and the Illinois government, but the State continues to try and make the law work for everyone. One benefit of the civil union law, that many same-sex couples have been happy to take advantage of, is the ability to take a civil union spouse’s name, according to The Chicago Tribune.
For many same-sex couples in Illinois, entering into a civil union has brought them closer, but being able to easily take their chosen partner’s name and show the community that they are a couple and proud of it has been a much-desired benefit. Although there is no database that keeps track of name changes related to civil unions, approximately 3,000 additional driver’s license name changes were requested between June 1, 2011 and October 31, 2011.
Divorced Man Sues Wedding Photographers to Recreate Wedding after 6 Years
A wedding is a beautiful event. Years after, people fondly flip through their wedding album, revisiting the memories of that day through photos. But what if the photos didn’t capture precious moments of that special day? According to The New York Times, a man is suing the photography company he hired for his wedding for missing crucial moments during the wedding, in photos and video. The lawsuit, though already uncommon, is all the more unusual for the following reasons:
- The wedding took place in 2003;
- The couple separated in 2008 and divorced in 2010; and
- The divorced groom wants to recreate the entire wedding and have new photographs taken (by another photographer).
Divorcing Couples Find Understanding through Mediation
The traditional route of courtroom litigation is often the “default” course of action for a married couple seeking divorce; however, it is not the only option. Courtroom litigation tends to make a separating couple’s relationship worse by pitting one against the other while each try to persuade the judge to rule in his or her favor. The ultimate decision is made by a judge, based on what he or she thinks is best for the divorcing couple and their family. In the end, the couple does not make decisions about their own family and their relationship is often worse off for it.
Not all divorcing couples separate on civil terms, but for those that make the decision together, there is an alternative to the inherent animosity of a court battle. Mediation is a viable alternative to litigation for a couple that still maintains a civil relationship and wants to make their own decisions about what is best for themselves and, if they have any, their children. In Illinois, custody mediation is mandatory prior to forging into full-blown custody litigation.
Kim Kardashian Divorces NBA Star Husband after 72 Days of Marriage
Kris Humphries and Kim Kardashian were married in August of this year, but after only two and a half months, Kim Kardashian has filed for divorce, apparently devastating her husband. According to The Huffington Post, the reason for her soon-to-be ex-husband’s dejection may not be solely because of the divorce, but perhaps the terms of the divorce.
In the divorce documents filed by Kardashian, the reality star requested that the court reject any motion for spousal support from Humphries, in addition to requesting that each party cover their own legal fees. As per their pre-nuptial agreement, Kardashian keeps all assets of hers prior to the marriage as well as anything she earned during the marriage, however short-lived. The Kardashian family made $65 million last year, while Humphries, currently unemployed as a result of the NBA lockout, made about $3.2 million.
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