Chicago Illinois Family Law Blog
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.
Determine Your Post-Split Expenses Before the Illinois Divorce Process Begins
This is the conclusion of our three-part series on our blog about planning for your financial future while going through the divorce process in Illinois. In part one, we talked about reviewing your credit report and its significance in a divorce. In part two, we discussed why you should tally your marital assets and have them appraised. Finally, we will cover the importance of determining what your post-divorce expenses will be prior to beginning divorce negotiations.
Calculating living expenses, including child care, that were acquired during your marriage and then projecting those costs into the future can have a huge impact regarding who gets how much in the divorce settlement and why. According to a recent article on DailyFinance.com, it is recommended that both parties involved in your divorce attempt to find a way to work together at the start of divorce negotiations to conclude what your total household expenses were during your marriage to save time, as well as money, later on. It may also be beneficial to negotiate together the expenses of many of the ongoing costs that will occur once the divorce is final. You will also need to create your own estimates on expenses and budget projects because you will need to come to the divorce negotiations with someplace to begin.
Count and Evaluate Your Assets Before Beginning the Illinois Divorce Process
This is the second part of a three-part series on our blog that talks about Illinois divorce and your financial future. In the first part, we discussed why it is essential to review your credit report, which can help you determine what financial decisions will be the best in the long run. In part two, we will discuss steps to take before dividing marital assets.
Establishing the real worth of marital assets is not as simple as most people believe. However, a recent article on DailyFinance.com recommends several steps you can take to help make the process easier.
Get Your Finances in Order Before Starting the Illinois Divorce Process
Getting a divorce can be a traumatic experience. It is an ordeal that not only takes an emotional toll on those involved, but also a financial one. Even when a non-confrontational divorce is the goal, both spouses must be sure they are doing everything possible to protect the future of their finances. Unfortunately, many people in divorce aren’t aware what financial decisions will be best long-term. Sorting out a marriage’s once-intertwined finances can be challenging. Assets are typically not split down the middle; other legal issues like taxes and retirement funds must be considered. This is the first of a three-part series on our blog discussing divorce and your financial wellbeing.
A recent DailyFinance.com article discusses important financial steps a divorcing couple must consider before beginning negotiations to understand what advantages they have. Someone considering a divorce may also want to determine whether the divorce settlement must meet any financial needs. It is important to have a clear picture of finances before starting the divorce process.
Deciding Whether a Collaborative Divorce is Right for You
While the economy is still very uncertain, with reports of unemployment and a double-dip recession common, many facing divorce in Illinois may wonder if ending their marriage will result in bankruptcy. However, there are other options available instead of divorce litigation, including the Illinois collaborative law process or divorce mediation.
To decide whether the collaborative law process is right for your situation, there are a few factors to contemplate. The Huffington Post recommends that a couple facing divorce take the following into consideration:
Alienation of Affection: South Dakota Votes to Keep Law
Recently, the House Judiciary Committee in South Dakota voted to keep a law that permits a person to file a lawsuit seeking financial damages from someone who seduces and steals their spouse, reports PlainsDaily.com.
It was a 7-5 vote by the committee to reject legislation that would have abolished the law, which has been in effect since before 1889, when South Dakota became a state. The law allowed a husband to sue if another man seduced and stole his wife. In 2002, the law was changed to allow a woman to sue if her husband was stolen by another woman. The practice is often referred to as “alienation of affection” and seven states in the U.S., including South Dakota, still permit lawsuits for alienation of affection. The other states are Utah, North Carolina, New Mexico, Mississippi, Illinois, and Hawaii.
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