Divorce or child custody cases that involve multiple states can have an added layer of complexity, making it all the more important to handle such cases carefully.
A child custody or divorce case can be one of the most important events in a person’s life. It can also be one of the more expensive events too. However, there are things that a person can do to help minimize that expense while also seeking the best possible outcome for the case.
Iowa law requires that the parents in a divorce or child custody case take a court-approved class. This class is called Children in the Middle in
Motions are a key part of just about every type of court case. This article discusses Motions in the Iowa and Illinois legal systems.
In a child custody case, those who try to represent themselves tend to run into significant problems. Every person who is facing a child custody case needs an attorney, for two main reasons:
The new laws in Illinois that govern divorce and child custody cases took effect on January 1, 2016. These changes in terminology are a reflection of the goals of the court in custody and divorce case.
Effective January 1, 2016, Illinois did away with the “grounds” system for divorce that had existed for decades. Instead, now Illinois uses “irreconcilable differences” and can be thought of a as no-fault state for divorces.
In cases where a person or their spouse is a military service memver, there are special consideration when getting divorced in Illinois.
When a person or their spouse is in the military, there are special consideration for a divorce case in Iowa.
In Divorce and child custody cases, Interrogatories are a common discovery tool. Interrogatories can help a party to obtain information that is needed to reach a favorable settlement, or to take the case to trial.
It is common in divorce and custody cases in Iowa and Illinois for the court to award a non-custodial parent (a parent who does not have primary physical care) an extended block of visitation in the summer months. Summer visitation is also commonly awarded to both parents so that each parent can have an opportunity to take a vacation or otherwise spend time with the child. Summer visitation can be a great opportunity for a parent to spend more time with … Continued
In a divorce or custody case, Requests for Production of Documents is a commonly used discovery tool.
Depositions can be useful tools in child custody and divorce cases in Iowa and Illinois.
The Servicemembers Civil Relief Act, which is found at 50 U.S.C. sections 501-597b, was enacted to allow servicemembers to devote their energy to the defense needs of the nation and to provide for the temporary suspension of judicial and administrative proceedings, except criminal proceedings, that may adversely affect the civil rights of servicemembers during military service.
In divorce and child custody cases in Illinois and Iowa, Discovery is an important part of the case. Discovery refers to the process through which each side in a divorce or custody case is entitled to gather information from the other side, for use in court later. It is important to comply with discovery, as a failure to do so can result in significant harm to a case.
People will sometimes attempt to represent themselves in a divorce case. When a person acts as their own lawyer (pro se) in a divorce, there are often serious problems created, both in the short term and the long term. Anyone who is considering representing themselves should consider the possible ramifications before proceeding.
The first step in the divorce process, is determining where exactly to file the divorce and begin court proceedings. This process is usually simple, but it can be difficult for military families. For a divorce judgment to be valid, one of the individuals usually must be domiciled in the State issuing the divorce decree.
A common question in divorce cases is how long it will take for the divorce to be completed. The answer to that question depends upon many different factors that are unique to each case. Those factors include the following:
When a married couple is going through a divorce case, the issue of how to file taxes and what to do with a tax refund often arises. Properly handling such a tax situation is important.
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.
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.
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:
The crimes of Bigamy and Marrying a Bigamist in Illinois are defined by 720 ILCS 5/11-45 as follows:
The crime of bigamy in Iowa is defined by Iowa Code section 726.1, which provides as follows:
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.
In a divorce or custody case, there can be advantages to being the first to file.
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.
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.
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.
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.
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.
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.
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 … Continued
In a divorce case that is resolved by agreement, a Marital Settlement Agreement will set forth the specifics of that agreement.
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
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.
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.
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.
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.
In family law cases, the best interest of the child is the court’s highest priority. The Iowa District Court and Illinois Circuit Court judges who handle custody and divorce cases are required by law to follow that standard. This article discusses the best interests of the child as applied by the courts.
As part of a divorce or legal separation case in Iowa, the court can award spousal support (also called alimony). There are a few types of spousal support in Iowa that the court can award, for various reasons.
In divorce cases, the division of retirement accounts and pensions is often an issue. Properly handling 401(k), pension, thrift saving plans, annuities, IRAs, and other retirement plans is of great importance in Iowa and Illinois.
False accusations of domestic abuse are common in divorce and custody cases in Illinois and Iowa. Properly handling such accusations of domestic violence is of the highest importance.
Domestic battery or other instances of domestic violence can have a significant effect upon how the Illinois courts handle child custody decisions in divorce or custody cases.
Parental Alienation is a situation that is often created in custody and divorce cases when one parent (or other individual) attempts to destroy the relationship between a child and the other parent. Illinois law quite correctly sees such improper action on the part of a parent, grandparent, or other person as seriously damaging to the child, and the Illinois
Parental Alienation is a situation commonly produced in divorce and custody cases when one parent (or other person) tries to destroy the relationship between a child and the other parent. Iowa law recognizes such improper action on the part of a parent, grandparent, or other person is seriously harmful to the child, and the Iowa court system can address the situation.
A history of domestic abuse can have a serious effect upon the custody determinations that the Iowa court makes in a divorce or custody cases.
Being served with divorce papers can be an upsetting and stressful event for many people. However, it is important to handles the situation properly so as to avoid harm to one’s custody and property rights.
Mediation is a process employed by many courts to try and resolve some or all of the contested matters in a divorce case, without having to proceed to a trial. Sometimes mediation is mandatory, and other times it is voluntary. The mediation process has the potential to be useful to parties in a divorce case, but mediation also can lead to problems if it is not handled properly.
Pets are an important part of many people’s lives. Indeed, I have seen Illinois divorce cases where there was more concerns over a dog or cat then some people people sadly show for their children. As such, handling pet matters in a divorce case can be of great importance.
During divorce cases, it is not uncommon for a spouse to try and spend marital money in an inappropriate manner. Sometimes that involves emptying out bank accounts. Other times, a spouse will overuse credit cards during the divorce case. It is important to address that improper spending quickly in Illinois or Iowa.
In Illinois and Iowa custody cases, the court has the authority to issue in emergency injunction to prevent harm to a child. This article discusses injunctions in the Illinois Circuit Court and Iowa District Court.
Conciliation is part of the Iowa divorce process in some cases. The purpose of conciliation is to attempt to save the marriage by getting the spouses to work out their differences. Iowa code section 598.16 addresses conciliation.
Under Iowa law, those seeking a divorce are subject to a 90 day waiting period. However, the Iowa code allows for waiver of that waiting period under certain narrow circumstances.
Facebook is used by over a billion people every day, and as such it has an important role to play in many divorce, custody, and protective order cases that take place in the states of Iowa and Illinois.
In divorce, custody, and juvenile cases in the states of Illinois and Iowa, a Guardian ad litem can be appointed by the court to represent the legal interests of a minor child in the case. This article will discuss the role of a Guardian ad litem in
All too often in divorce and custody cases, the opposing party will purposely waste a client’s time and money on frivolous court appearances. Such a situation can often be addressed in Illinois or Iowa through a Motion with the court, when such behavior rises to the level of violating various Rules of Civil Procedure.
In Illinois, a person who is not satisfied with the Circuit Court’s ruling in a divorce or custody case can appeal the ruling to
Many Iowa counties require that a Settlement Conference be held in divorce and custody cases. The purpose of the Settlement Conference is to get the parties and attorneys to try and work out some of all of the issues in the case, so as
In some situations, a court can grant an emergency injunction as part of a divorce or custody case. That emergency injunction can be used to prevent parental kidnapping, injury to children, or other serious
Divorce and custody cases can be the most important legal system event in a person’s life, as the outcome can influence custody, visitation, property, and financial aspects of the person’s life for years to come. If the outcome of the trial is not favorable, then an appeal should be considered.
A divorce, also referred to as a marital dissolution, is the termination of a marriage by court order. In Illinois, there is a 90 day residency requirement, meaning that the husband or wife must have lived in Illinois for 3 months. If neither spouse has lived in Illinois for the required 90 days, then the Illinois court system cannot grant a divorce. The proper court for filing for divorce in Illinois is the circuit court for the county where either … Continued
A divorce, also referred to as a marital dissolution, is the termination of a marriage by court order. In Iowa, there is a 1 year residency requirement, meaning that at least one of the spouses must have been an Iowa resident for a least a year. If neither spouse has lived in Iowa for a year, then the Iowa courts do not have the authority to grant a divorce. The proper court for filing a divorce petition in Iowa is