Illinois Divorce and Family Law Weblog

Helping You and Your Family get through DivorceSM.
Weblog of DuPage County Attorney Raiford D. Palmer, focusing on divorce and family law.
(Copyright© 2005-2008 by Raiford D. Palmer. All rights reserved.) This blog is for advertising only and the contents are not legal advice.

Monday, December 25, 2006

Illinois Divorce: Is Same-Sex Marriage Legal?

Not in Illinois. At least not yet. If you are in a same-sex union, I do recommend you at least enter into a partnership agreement for your relationship. This can govern who gets what property in the event of a break-up, who pays for what, et cetera. We recommend this for hetero couples who live together but are not married as well.

It will be enforceable generally speaking as any contract, so it must have financial consideration for the mutual promises. As far as I know at present, this type of agreement for a same-sex union has not been tested by Illinois courts--but always better to have one in place in any event.

Please call DuPage County attorney Raiford Palmer at 630.434.0400 Ext. 165 if you would like to set up a consultation.

Thursday, December 21, 2006

Illinois Divorce: Child Visitation - Visitation (Parenting Time) and The Holidays...

Every year at this time, visitation (parenting time) issues arise for the holidays. Typically, the divorce decree or temporary parenting/visitation order will contain the provisions governing how and when visits take place. The most recent Court order governs when in doubt over times, dates, and places for visitation or when a dispute arises. Obviously, no Order can create the perfect schedule, and people's lives and needs change over time (especially the kids)! The parties to a parenting agreement have to be flexible to accomodate those changes to avoid running back to a mediator constantly (or worse yet to Court).

The worst time to try and enforce visitation is just before a holiday. The Courts are very busy, and some now require that motions for visitation enforcement must be filed well in advance. Please plan ahead, discuss the holidays in advance with your ex (or soon to be ex), and try to be reasonable. The holidays are no time to wind up in Court.

Also note that modern divorce judgments include mediation provisions requiring that you mediate any dispute before seeking help in Court. Check your decree to be sure you are following the procedure set forth in your judgment.

If you have a visitation problem on either side, please call Raiford Palmer at 630.434.0400 Ext. 165. We can help.

Friday, December 15, 2006

Illinois Divorce Law -- Leaving the House does Not Revoke Ownership

A common question is whether one spouse leaving the marital home renounces or revokes their claim to ownership rights in the home. The answer is that it has no effect. Whether spouses have an ownership interest is based on several factors, including when the home was purchased, who contributed money toward the purchase and upkeep, et cetera.

Also, just because the title (deed) in the home is in one person's name does not mean the other spouse has no claim to ownership.

For more please call attorney Raiford Palmer at 630.434.0400 Ext. 165 for a free consultation.