During a divorce case, it is critical that both spouses carefully choose their words when discussing the situation with their children. This is important for both the mental wellbeing of the children, and each spouse’s legal interests in the case.
Divorce
Deciding Where to File For Divorce
The question of where to file for divorce is one that can be complex, especially when a person has moved recently or has a spouse who lives in another state. Selecting the right jurisdiction and venue for the divorce case is important, as incorrect choices can cause significant harm to a person’s case and interests.
Things to Discuss with a Lawyer During a Family Law Consultation
When a person consults with a lawyer about their family law case, there are many different things that should be discussed so that the client is as informed as possible about how the case would proceed and the terms of representation. While each situation is different, there are some common things that are applicable in every case:
Bigamy and Marrying a Bigamist Charges in Illinois
The crimes of Bigamy and Marrying a Bigamist in Illinois are defined by 720 ILCS 5/11-45 as follows:
Bigamy Charges in Iowa
The crime of bigamy in Iowa is defined by Iowa Code section 726.1, which provides as follows:
Spyware and Other Snooping During a Divorce
Those involved in a divorce case are sometimes tempted to use spyware or other snooping techniques to spy upon their spouse. Such spying is not favored by the courts in Illinois or Iowa, and can even result in criminal charges.
The Advantages of Being First to File for Divorce or Custody
In a divorce or custody case, there can be advantages to being the first to file.
Finding Hidden Assets During a Divorce Case
In divorce cases, it is not uncommon for a spouse to try and hide assets from the other spouse and the legal system. It is important to properly handle such attempts to hide assets.
How to Talk to Your Spouse About Divorce
In divorce case, there is always the question about how to break the news about a divorce to one’s spouse. The right way to handle the sharing of that information is something that will be different for each person, depending upon the unique facts in each case.
Deciding Whether to Move Out During a Divorce Case
Before and during a divorce is started, many people consider moving out of the marital home. The decision as to whether to move out or remain in the marital residence is a complex one that has significant ramifications upon property, custody, alimony, and other issues for those with cases in Illinois and Iowa.
The Interplay Between Criminal Charges, DHS/DCFS Reports, Custody Cases, and Juvenile Abuse/Neglect Cases
A person who is charged with a crime relating to child abuse will often find themselves also facing a DHS or DCFS child abuse report, a custody case, and/or a juvenile abuse/neglect case.
Grounds for Divorce in Iowa
Iowa is a “no fault” state when it comes to divorces, although the Iowa Code requires certain grounds be alleged in order for a divorce case to proceed.
Grounds for Divorce in Illinois
Unlike many states that have switched to “no fault” divorces, the state of Illinois still requires that person wishing to be divorced prove “grounds” for the divorce. There are many grounds that can be used to obtain a divorce in Illinois.
The Pros and Cons of the “One Judge One Child” Rule
In some counties, there is a “one judge one child” rule which means that a single judge is assigned to handle each hearing in a divorce or custody case that involves one or more minor children. The purpose of that rule is to ensure that the judge who makes the final custody determination is as familiar with the case as possible, since that judge’s ruling will have a long-lasting effect upon the child’s life. The one judge one child rule has its pros, and its cons.
The Marital Settlement Agreement
In a divorce case that is resolved by agreement, a Marital Settlement Agreement will set forth the specifics of that agreement.
What is a Divorce Decree
A divorce decree (often formally called a Decree of Divorce or Decree of Dissolution of Marriage) is the formal legal document entered by the court that dissolves the marital relationship between the spouses. Essentially, a divorce decree is the document that
Illinois “Heart Balm” Lawsuits Abolished, Effective January 1, 2016
The term of legal causes of action (lawsuits) where a person sues another over a “matter of the heart” have long been referred to as “heart balm” lawsuits. Illinois is in the minority of states that allow such causes of action, although that comes to an end on January 1, 2016.
Father’s Rights in Child Custody and Divorce Cases
The term “father rights” is often informally used in connection with a divorce or child custody cases in Illinois. This article addresses father’s rights and the state of the law in Iowa and Illinois insofar as the gender of a parent is concerned.
Dealing with a Manipulative Spouse During a Divorce Case
At some point during their divorce case, many people will encounter attempts at manipulation from their spouse. This manipulation can center around just about any of the matters that exist in a divorce case, and is important to handle correctly as the outcome of a divorce case will affect a person’s life for years and years.
Getting Divorced without “Going to Court” (Uncontested divorces in Iowa and Illinois)
When a person and their spouse believe they are in agreement about every aspect of their divorce case, they will often express a desire to get divorced without having to “go to court.” This article addresses what is commonly meant by such a statement and how uncontested divorces in Iowa and Illinois work.