by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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:
by Attorney Eric D. Puryear The crimes of Bigamy and Marrying a Bigamist in Illinois are defined by 720 ILCS 5/11-45 as follows:
by Attorney Eric D. Puryear The crime of bigamy in Iowa is defined by Iowa Code section 726.1, which provides as follows:
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear In a divorce or custody case, there can be advantages to being the first to file.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear In a divorce case that is resolved by agreement, a Marital Settlement Agreement will set forth the specifics of that agreement.
by Attorney Eric D. Puryear 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
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.
by Attorney Eric D. Puryear 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.