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

June, 2014 - Chicago Illinois Family Law Blog Archive

Old Illinois Statute Could Complicate Same-Sex Marriages For Missouri Couples

By Jeffrey Knipmeyer on June 24, 2014

Illinois LGBT Family LawWith the passage of the Illinois Religious Freedom and Marriage Act (IRFMA), it seemed that Missouri same-sex couples seeking to become legally married in Illinois would just have to make a short trip across the Mississippi River to do so. However, it appears that an old statute in the Illinois Marriage and Dissolution Act (IMDA) may throw a monkey wrench into the plans of Missouri same-sex couples who may be contemplating getting married in Illinois.

According to Section 217 of the IMDA, “No marriage shall be contracted in this state by a party residing and intending to continue to reside in another state or jurisdiction if such marriage would be void if contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this provision shall be null and void.”

Missouri voters passed a constitutional amendment banning same-sex marriage in 2004. Essentially, the provisions of Section 217 mean that the state of Illinois would have to void any same-sex marriages of Missouri couples performed in Illinois because it is not recognized in that state.

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Posted in: Marriage Rights

Stay-At-Home Parents Can Be Vulnerable: What You Should Know

By Leslie Fineberg on June 9, 2014

The divorce attorneys at the law firm of Nottage and Ward in Chicago have run into this scenario all too often: a woman has decided to forgo a budding or successful career to stay at home, raise the children, and run the household. Suddenly, the marriage falls apart and she finds herself divorced and jobless with little or no prospects of gaining meaningful employment in the future.

Many think that family courts will protect them and that alimony payments will be commensurate with the monies they may have earned after giving up their careers. According to Forbes, many of these women are in for a shock. Often judges, including female judges who had to make sacrifices in their own family lives to pursue their careers, are not sympathetic to the Stay-At-Home-Mom (SAHM) plight.

These women (and, increasingly men) may assume that they will receive alimony covering full support, but with the advent of alimony reform laws in many states those expectations may simply be unrealistic. Permanent alimony is increasingly becoming a thing of the past. We are living in an age where “rehabilitative” or “temporary” alimony is becoming the norm. These alimony judgments only stay in place until the affected spouse gets back on his or her feet and can rejoin the workforce.

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