Chicago Illinois Family Law Blog
Predicting the Impact of New Civil Union Legislation in Illinois
The “Illinois Religious Freedom Protection and Civil Union Act” has been approved and the new Illinois civil union legislation will be effective starting June 1, 2011. However, as a Courier-News article points out, the exact impact and implementation of the new civil union law is not as clear.
As county registrars and county clerks begin preparations surrounding the distribution of civil union licenses, it is expected that civil unions will create more work for some offices and employees, although the exact change in workload is uncertain.
Could Facebook Jeopardize Your Marriage or Divorce?
It would seem as though we have reached the point of no return when it comes to the prevalent use of and reliance on social media sites like Facebook. But can these sites potentially jeopardize your marriage or even the outcome of your divorce? According to a recent Huffington Post article, the answer is yes.
According to Divorce Online’s Managing Director, 20 percent of all the petitions his company filed over the last several years had references to Facebook activity as the reason for why a married couple decided to split. It is suspected that the element of anonymity on these types of websites cause users to be bolder and say or do things they may not typically do if they were offline.
Federal Judge Orders Paternity Requirement Improvements
On Thursday, January 27, a federal judge ordered Indiana officials to stop refusing parents who are not married an easy way to identify a child’s legal father if one or both parents don’t have a Social Security number, IndyStar.com reports.
The ruling stems from a lawsuit against the Indiana State Department of Health by families whose immigration status restricts them from obtaining a Social Security number. Specifically, the lawsuit challenges the constitutionality of how paternity affidavits are issued, which are forms that unmarried parents can fill out to establish a child’s legal father. According to an attorney representing the families, the policy harms both legal and illegal residents, since many people who are in the U.S. legally can’t obtain Social Security numbers with certain kinds of visas.
Adopted Woman Registers with Illinois Agencies to Find Biological Parents
A former Ottawa resident who was adopted through a closed adoption is in search of her biological parents to learn about her medical history, ethnicity, and find out more about the possibility of meeting her biological family. According to a News Tribune article, the woman was born in June of 1986 and is a mother of two. When she was pregnant, doctors and nurses wanted to know her medical history, but she wasn’t able to provide them with this information.
The report states that the woman has submitted her information to several adoption websites, has registered with the Illinois Department of Public Health, and has been added to the Illinois Adoption Registry and Medical Information Exchange. Because she had been adopted through a closed adoption, she could only be told the ages of her birth parents as well as the time, date, and place of her birth.
Should Couples Be Required to Attend Counseling Before They Can Marry or Divorce?
While this may not be a simple question to answer, the state of Wyoming will have to soon make a decision regarding whether couples who want to tie the knot or call it quits will have to pay for three hours of counseling before doing so. According to a Wyoming Tribune Eagle story, a bill has been introduced in Wyoming that would force couples to wait a year before being permitted to get a marriage license or a divorce decree if they decide not to pay for three hours of counseling.
The bill’s sponsor stated that the intention is to help couples better comprehend the consequences of life-changing decisions as well as help lower instances of children ending up in poverty due to a divorce. Although Wyoming law already requires that divorcing couples receive co-parent counseling before getting divorced, the new bill is the first to highlight ways for couples to deal with each other once the divorce is final. The proposal would allow a judge the ability to dismiss the counseling requirement for a divorce in which domestic violence is an issue.
New Illinois Laws Relating to Family Law in Effect Since January 1
With 2011 in full swing, several bills became new laws in Illinois that have been in effect since January 1. The Carmi Times discusses these new laws, including many relating to family law.
For individuals who are either currently going through a child support dispute or have already reached agreements for child support, it is important to be aware of a few new Illinois laws. Child Support (SB 2570/PA 96-1072) states that after an entry of a judgment for dissolution of marriage is established, a child support order will not be permitted to be suspended or stayed because of the filing of post-judgment motions.
Illinois Civil Unions Law to Go Into Effect in July 2011
Senate Bill 2436, known as the “Illinois Religious Freedom Protection and Civil Union Act” has been approved and the new Illinois civil union law will go into effect in July 2011. The Huffington Post reports that the measure passed by a 32-24-1 Senate vote and by a 61-52 Illinois House majority vote.
The new law will permit heterosexual and homosexual couples in a committed relationship to enter into civil unions. The “Illinois Religious Freedom and Civil Union Act” will also allow religious institutions to define marriage as they wish. Two adults may enter into an Illinois civil union if they are in a committed relationship and are at least 18 years of age, are not in an existing marriage or civil union, and are not related. Those who enter into an Illinois civil union will be given many of the same legal obligations, protections, responsibilities, and benefits that are provided to married couples.
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