A divorce just takes one party to want to get a divorce in most states. States like Illinois and New York both require the “ground” that the marriage is irretrievably broken. Similarly, it only takes one party to state under oath that the marriage is irretrievably broken. It doesn’t mean you two aren’t having sex or aren’t living together – …
This time of year is my favorite season — and sometimes I refer to it as Prenup Season. Why? Couples planning to tie the knot this spring or summer may be considering a prenup. I also posted a quick video here on the topic. Here are three tips for the betrothed who want a prenuptial agreement: The sooner, the better. …
Our phones have been ringing off the hook during this pandemic – we have all been affected by this virus and it’s times like now that remind us about what is important in life. Here are 3 considerations/ reminders during this time: Parenting Time During Shelter in Place- Most states have carve-outs during the shelter in place for parenting time. Speak …
We have received a lot of questions from folks about what to do about parenting time orders in the midst of a shelter in place.The current Shelter in Place Executive Order in Response to COVID-19 presently in place specifically excludes under Paragraph 14(e) “[t]ravel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” …
In the past few days, we have had numerous calls on this issue. While there is no clear law as to what rules apply to parenting time and visitation during a pandemic like COVID-19, since this is an unprecedented global health crisis, I wanted to provide some suggestions to our clients and potential clients who co-parent. Please remember that although …
In way of background, the Uniform Child Custody Jurisdiction Act was enacted in 1968. It was revisited an amended 30 years later with the formation of the Uniform Child Custody Jurisdiction Enforcement Act in 1997. It has been adopted in all 50 states and was adopted in Illinois in 2003. Definition of Child Custody Proceeding – this includes proceedings involving legal …
As you can imagine, this issue has been arising in child custody cases around the country. I have received this question from several clients, like yourself, who are concerned about court ordered parenting time agreements. While there is no clear law on it since this is an unprecedented global health crisis, I will inform you of the relevant laws in …
As a divorce attorney, I get a lot of questions about Consolidated Omnibus Budget Reconciliation Act (“COBRA”). More specific information relating to your family’s health insurance should be investigated by you and your spouse via the applicable employer. Generally speaking, COBRA is governed by the Employee Retirement Income Security Act (“ERISA”) and applies to covered employees, their spouses, their former …
A recent Champaign County case was decided concerning the division of property concerning pets in a divorce. In the case of IRMO Montgomery v. Montgomery, a childless couple had two Shih Tzu dogs together that were about one year apart in age. Both proved to be fit owners and the Husband had both dogs when the Wife moved out. Later, …
As if there are not enough things to think about when beginning the divorce process, it is imperative that parties preserve evidence, even when merely the prospect of divorce litigation is present. Thus, the duty to preserve evidence is triggered when there is probable, likely or reasonably anticipated litigation. See Shimanovsky v. General Motors Corp. 181 Ill.2d 112, 121 (1998) …
A very common thought when the divorce process begins is: what if my spouse empties or our bank account? Different states have different statues regarding what restraints are “automatic” when a divorce litigation ensues. Some have very ridged and extensive “automatic orders” or “automatic temporary restraining orders” (a/k/a/ “ATRO’s”), while others do not. Illinois does have an automatic stay for: …
There are a myriad of animal law issues affecting farm and ranch families who are going through a divorce (both with companion animals but also livestock and frozen genetics). Read my Fact Sheet with the National Agriculture Law Center here. Don’t forget to check out all my NALC Fact Sheets on family law issues with agriculture here.