blog home archives July, 2012 - Chicago Illinois Family Law Blog

July, 2012 - Chicago Illinois Family Law Blog Archive

Illinois Same-Sex Couples Move Forward with Lawsuit against State’s Discriminatory Marriage Law

By Nottage and Ward on July 27, 2012

Twenty-five Illinois same-sex couples are named as plaintiffs in a lawsuit filed against the Clerk of Cook County at the end of May by the American Civil Liberties Union (ACLU) of Illinois and Lambda Legal. According to Examiner.com, the lawsuit claims that the County’s refusal to grant marriage licenses to same-sex couples is in violation of the due process and equal protection clauses of the state’s Constitution. This suit was filed after a judge allowed Cook County to defend the marriage law they used to justify refusing to issue marriage licenses to same-sex couples.

The marriage law in question was established in 1996, the same year the federal government established the Defense of Marriage Act (DOMA). Both of these define marriage as a union between a man and a woman, thus discriminating against same-sex couples. Though more and more states are taking the next step to legalize gay marriage, ultimate equality cannot be achieved until the DOMA obstacle is overcome as well. With President Obama’s public support of gay marriage, this may be on the horizon.

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Attorney Leslie Fineberg Discusses Important Steps to Settling Child Custody Quickly

By Nottage and Ward on July 25, 2012

As an experienced divorce attorney at Illinois family law firm Nottage and Ward, Leslie Fineberg has seen both contentious child custody cases that must be resolved in court, as well as child custody arrangements that are established through calmer mediation or other means. Ultimately, the best way to come to a custody arrangement quickly that suits the best interests of the child, as well as the interests of the parents, is through collaboration, mediation or other forms of personal negotiations between you and your spouse. When you leave it up to the court to decide your child custody case, chances are multiple parties will be unhappy with the result.

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Investigation Alleges that Will County Divorce Judge Used Courthouse Computer to Watch Porn

By Nottage and Ward on July 23, 2012

A state probe revealed some troubling news recently, according to the Chicago Sun-Times, when it revealed that a 69-year-old judge in Will County, Illinois was spending time browsing various pornographic websites in his judicial chambers instead of deliberating law. The state probe was conducted after an initial Sun-Times investigation.

As dedicated divorce attorneys in Chicago with Nottage and Ward, we are disappointed that a former divorce court judge would allegedly abandon his legal duties in such a way, especially as his actions may point to underlying personal issues that could potentially interfere with his decision-making ability in divorce court. This is likely the reason why the judge was transferred from divorce court to a courtroom that hears mental health and building code enforcement cases the day after the initial story appeared in the Sun-Times. The judge who made the transfer explained that since “(divorce) court calls … by their nature are adversarial and … the issue of gender is often central,” it was logical to remove him from that position.

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Family Lawyer Eunice Ward Provides Commentary on Fox News Chicago about Holmes-Cruise Divorce

By Nottage and Ward on July 18, 2012

What do you usually get when two celebrities divorce? A long, hostile court battle complete with media frenzy. But that was not the case when Katie Holmes filed for divorce from Tom Cruise. Within a matter of weeks, the divorce was finalized. So what did they do that other celebrity couples aren’t doing? Experienced Illinois divorce attorney, Eunice Ward, has the answer.

Attorney Eunice Ward appeared on Fox News Chicago recently to provide insightful commentary on why this celebrity divorce was so different. Tom Cruise and Katie Holmes were both aware of what a divorce war could do to their lives and the life of their daughter, Suri, but more importantly, Katie Holmes was serious and prepared. She made the decision to divorce and took every step necessary to show her husband that she was not only serious about getting a divorce, but determined exactly what she wants in terms of a divorce settlement. Fortunately, Cruise does not appear to have presented any challenge to Holmes’ requests, which made the process that much smoother.

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Legalization of Gay Marriage on the Horizon in Illinois?

By Nottage and Ward on July 16, 2012

Earlier this month, a judge ruled that two counties in Illinois could defend a 16-year-old state law that bans same-sex marriage, which gay marriage supporters hope will lead to the overturning of the law and, ultimately, the legalization of same-sex marriage, according to the Chicago Tribune.

Back in 1996, Illinois passed a law that defined marriage as between a man and a woman. Other states, as well as the federal government, have passed similar laws, much to criticism from the LGBT community, especially more recently as states have been moving away from such discriminatory laws. Recently, in Illinois, Lambda Legal and the American Civil Liberties Union filed a lawsuit against a Cook County Clerk after his office used the 1996 law to justify refusing to recognize out-of-state same-sex marriages and refusing to marry gay couples.

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Equality Illinois Says State Civil Union Law a Failure

By Nottage and Ward on July 9, 2012

As experienced civil union attorneys in Illinois, the legal team at Nottage and Ward are well aware that there have been bumps in the road since the Illinois civil union law took effect in June 2011, but, according to WJBC.com, advocacy group Equality Illinois is going as far as to say that the Civil Union Act is a failure.

Since the civil union law took effect in June 2011, there have been a total of more than 5,000 civil unions granted in Illinois. The head of the gay rights advocacy group Equality Illinois followed the experiences of these civil union couples for one year. The results of this study revealed that “every area of law failed to provide full equality” as civil union couples were denied their rights, treated unequally, or even discriminated against.

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Extending 4th of July Holiday: Marital Histories of our Founding Fathers

By Nottage and Ward on July 6, 2012

Although the Fourth of July holiday has passed, the family law attorneys at Nottage and Ward in Illinois would like to take a moment to relate less common information about our nation’s history, specifically about our Founding Fathers, as provided by The Huffington Post.

Not many people think about the marital histories of our Founding Fathers. Having made such a significant impact on the history of the United States, many people may forget that our Founding Fathers were regular people, with wives, children, and their own views on the institution of marriage. And so, in celebration of the men that contributed so much to shape the nation, here is a rare glimpse into them as regular people:

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