Category Archives: Family Law

b2ap3_thumbnail_gambling-and-marriage.jpgConvenience stores, gas stations and supermarkets, examples of the 240,000 retail outlets that sell instant lottery tickets on a daily basis. Could Americans be fulfilling the old proverb, “lucky at cards, unlucky in love”? Perhaps so, as the U.S. National Library of Medicine, National Institutes of Health (NBCI) reiterates that pathological gambling has been widely reported to cause negative consequences, not only to a marriage but the family as well.

In a recent abstract, NBCI alludes to increasing evidence that pathological gambling or PG, promotes chaos and an increase of dysfunction among all family members, often leading to divorce or separation. An additional NBCI abstract explores the comparison of characteristics of adult pathological gamblers with at least one parent setting the PG example and found that often generational PG players experienced higher levels of severe bouts of gambling, substance or alcohol abuse patterns, and in general, a higher percentage of gambling related problems, including divorce.

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b2ap3_thumbnail_division-of-marital-property-Illinois.jpgMy fiancé and I are looking to buy a house and live in it after we are married. My credit is bad so my fiancé wants to buy the house in his own name. If we get divorced, will this house be our marital asset or does he get to keep it as his separate or non-marital property?

Under existing Illinois divorce law, a house purchased before a couple marries but in “contemplation of marriage” may, in many cases, become a marital asset belonging to both parties. As a marital asset, a subsequent divorce would require the home to be considered for division between the parties.  

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b2ap3_thumbnail_time-limit-annulment-illinois.jpgCommon sense would make you think an annulment—which declares the marriage never existed—would be simpler, but this is not necessarily true. Divorce is by far simpler to obtain since irreconcilable differences can be used as the grounds in most cases. Beginning in 2016, irreconcilable differences will be the only grounds available for any divorce in Illinois.

Are There Time Limits On The Grounds For Annulment In Illinois?  

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bigamy and annulment, Illinois divorce lawyerDo not try this, because if you are the spouse guilty of bigamy (a crime in Illinois), it is a Class 4 felony. Illinois law (720 ILCS 5/11-45) states the following regarding bigamy and marrying a bigamist:

(a) Bigamy. A person commits bigamy when that person has a husband or wife and subsequently knowingly marries another...

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b2ap3_thumbnail_SB-57.jpgAfter years of deliberation, major changes may soon be positioning themselves into the legal landscape of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5). These changes were recently passed by the Illinois General Assembly. The new bill, referred to as SB 57, covers the following areas of Illinois divorce and family law:

  • Elimination of grounds in divorce;
  • Allocation of parental responsibilities;
  • Parental relocation issues;
  • Dissolution of marriage time limits;
  • Continual maintenance and marital property distribution; and
  • Changes to controversial “heart balm” actions.

Not only would these amendments bring changes to how Illinois family law attorneys approach the divorce process, but SB 57 would also amend such existing statutes as:

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Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.