blog home archives May, 2014 - Chicago Illinois Family Law Blog

May, 2014 - Chicago Illinois Family Law Blog Archive

When Going Through a Divorce, Don’t Forget About the Kids

By Leslie Fineberg on May 19, 2014

Chicago Family LawThe family law attorneys at Nottage & Ward in Chicago recently ran across an article in the Huffington Post that was a powerful reminder that divorce is not only a traumatic and emotional experience for you, but also for your children. The author pointed out that it is important to remember that children are more sophisticated than we often give them credit for and are acutely aware of situations, events, and actions in divided families.

The author claims she has dealt with hundreds of families going through breakups and that these are just some of the things children wish they could tell their divorcing parents:

1. I didn’t get divorced, you did. Just because you are mad at my mom or dad, he or she is still my parent. Talking bad or gossiping about him or her makes me feel bad and makes me disrespect you.

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Posted in: Divorce

Same-Sex Couple in Missouri Granted a Divorce

By Jeffrey Knipmeyer on May 12, 2014

In a divorce case that may prove to be a shot across the bow to other states that do not recognize same-sex marriage, a judge in Missouri granted a married gay couple a divorce. What makes this case unusual is that Missouri passed a constitutional amendment in 2004 that defined marriage as a union between a man and a woman.

The couple in question was married in Massachusetts in 2009, but lived in Columbia, Missouri. The Boone County Circuit judge who granted the divorce stated that under the legal doctrine of “comity” (the recognition of the laws of another jurisdiction), that Missouri could grant the divorce “for the limited purpose of granting equitable relief.”

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Posted in: Divorce

The New “Modern Family” is Governed by “Un-Modern” Laws

By Jeffrey Knipmeyer on May 6, 2014

Illinois Same Sex Family LawThere is plenty of talk nowadays about what makes a family unit.  Whether based on religious beliefs or personal reasons, there are a variety of ideas as to what constitutes a family; a mom and a dad, two moms, two dads, or grandparents and children, the combinations are seemingly endless.  So, what happens when your idea of a family is challenged by laws that don’t meet up to a more modern take on families?

More and more same sex couples are looking for ways to start their own family and have children.  Biologically, this can prove to be a challenge, and typically, a third party needs to be brought in to make this dream a reality, either through adoption or artificial insemination.  While it may not be uncommon for same sex couples to turn to the modern procedure of artificial insemination to start a family, the practice is still met with resistance by some not so modern laws.

If a lesbian couple wanted to be artificially inseminated and would prefer that the donor have no rights as a father in the child’s life, the couple could opt for an “anonymous donor” and the procedure would have to take place at a physician’s office. This may seem like a logical idea, but many couples would prefer to handle the procedure in the comfort and privacy of their own home.  However, in several states, including Kansas and Illinois, the sperm donor is legally on the hook as the biological father when the insemination procedure is done at home.

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Posted in: Family Law

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