Legal and Justice Book

Archive for the ‘Family Law and Divorce’ Category

Family Law is the set of rules governing the creation, organization and dissolution of the family group, and personal aspects of patrimonial.

Law is a set of legal rules governing the relations of men, the Civil law regulates economic relations and family law relationships in the family

Civil law concept

The Civil Law is the set of rules governing relations between private equity, which are generally permissive rules that are subject to the autonomy, and exceptionally restrictive.

Concept of Family Law

The Family Law is the set of rules governing the creation, organization and dissolution of the family group, and personal aspects of patrimonial. (MAZEUD, Henry, Leon and Jean, Lessons From Civil Law, Bs, As, Argentina, EJEA, 1968, Volume 3, page 4).

Family Law and Civil Law Differences

The City emphasizes the personal relationship of members within the family group considering the condition and status positions within it. The DC is quintessential heritage.

DF standards are mandatory for public order. The DC has permissive standards in its generality

Family Subjective rights are inalienable, irrevocable and transferable, while, that does not happen in DC.

Interpersonal relationships of the family are not subject to the extensive autonomy. In DC’s autonomy is wide.

Purpose of the Family Law

Is the family. Whether subsuming interindividual relations (Code Napoleon), by express provisions (Civil Marriage Act) or by a special code (Family Code) (SAMOS OROZA, Ramiro, Family Law Notes , Charcas, Bolivia, JUDICIAL, 2nd, 1995, page 39).

Currently the regulations always take the family as a community, as a whole.

Characters of the Family Law

1. Its rules are public.
2. Failures of resolving conflict household in most cases do not reach the res judicata are mostly formal statements are not material judgments, ie judgments are reviewable family further.
3. The autonomy is restricted. They can not terminate or modify an interpersonal relationship of the family without court intervention.
4. Its rules are to regulate the family community.

Autonomy and location of family law

That is autonomous and structural principles themselves have sanctioned a special code: The law of the Family Code.

The Family Law is located within the public right.

Though divorce is never planned at the time a couple walks down the aisle, there are some instances where it is the best choice to make in a relationship. In the state of Illinois, the courts have made massive alterations to the laws regarding divorce over the past 40 years.

Property Division

The state of Illinois views a husband and wife as equals in the relationship. As a result, there is no longer a statute that dictates the man gets the majority of the property and the wife simply receives a cash settlement.

Today, property is divided in a manner that enables both parties to walk away from the marriage with an amount of asset and debt that relates to their income-earning potential.

By settling the marriage in this fashion, both parties are able to land on more equal ground after the uprooting of a divorce.

Maintenance

Once referred to as alimony in the state of Illinois, spousal maintenance is not altogether guaranteed in a divorce. If both parties work and there is an equal division of property, then spousal maintenance would not be just as it would allow one party of the marriage to gain more than the other. The goal of divorce in Illinois is equal division. Read the rest of this entry »

State laws regarding divorce fall into a handful of categories, with different states electing different options within those categories.

All legislatures establish rules regarding custody, support, grounds for divorce and minimal residency requirements before you can file for divorce.

Divorce statutes in Illinois are relatively uncomplicated.

Residency Requirements

You must be a resident of Illinois, or stationed on a military base in Illinois for three months, before you can file for divorce.

You should file in the circuit court in the county where either you or your spouse reside.

Grounds

Illinois offers wide-ranging grounds for divorce. You can file on no-fault grounds if you have lived separate for two years or, if both you and your spouse consent to this ground, separately for six months by signing a waiver.

Fault grounds include adultery, desertion after one year, mental or physical cruelty, impotency or habitual drug or alcohol use for a period of two years or more. You can also get a divorce if your spouse was married before and his spouse is still living but he did not divorce her.

Other grounds include a felony conviction or giving a spouse a sexually transmitted disease. If an Illinois judge thinks you have a chance at reconciliation, he can order counseling and a conciliation conference. You can request this as well if you oppose the divorce.

Child Custody

Illinois decides child custody based on what is in the best interest of your child. The parent who actively tries to foster a relationship for the child with her other parent has an edge in custody trials because the state believes it is in the child’s best interest to share quality time with both parents. Judges in Illinois can take the child’s wishes into consideration regarding which parent he would like to live with. Read the rest of this entry »

The laws guiding marriages and divorces in Illinois are provided for in the Illinois Marriage and Dissolution of Marriage Act. Part of the provisions of the act include laws mitigating any potential harm to spouses as a consequence of divorce and ensuring reasonable provisions for minor children and spouses after a divorce.

Other provisions include setting out the conditions for initiating a divorce and making rules for the division of assets during a divorce.

Residency

The Illinois Marriage and Dissolution of Marriage Act states that the residency status of anyone applying for a divorce in Illinois matters. This is because only those who are residents of the state may apply for a divorce there.

Such a person must also have maintained an uninterrupted residency for 90 prior to the initiation of divorce proceedings. This means that a resident who has lived elsewhere for some time within the 90 days would not qualify to start divorce proceedings.

Armed services members who are stationed in Illinois also qualify to apply for a divorce if they have been stationed in Illinois for 90 days prior to the divorce application.

Grounds for a Divorce

Illinois law explains the acceptable legal grounds for initiating divorce proceedings. A spouse apply for a divorce if the other spouse was “naturally impotent” during the time of the marriage.

Bigamy is another ground for divorce as well as willful desertion or abandonment by a spouse. Drug addiction, attempts on the life of the other spouse by poison or any other malicious act and sexually transmitted diseases are grounds for a divorce.

Other reasons include mental and physical cruelty, conviction for a felony and a separation lasting more than two years. Read the rest of this entry »

Divorce procedures and requirements vary by state. Divorce laws in Illinois require both parties to establish grounds for separation.

Procedure for Filling

To begin divorce proceedings, one of the parties must file a petition for dissolution of marriage in an Illinois courthouse or through an attorney. The other party has the option to counter-petition if he disagrees with the divorce grounds.

No-Fault Divorce

The most common grounds for divorce is no-fault, otherwise known as irreconcilable differences. For an Illinois judge to grant a no-fault divorce, the couple must have been separated for two years or six months with a signed stipulation to waive the two-year requirement.

Additional Grounds for Divorce

In Illinois, when a petitioner cites grounds for divorce other than no-fault, documentation or evidence must prove the claim. For example, the petitioner must prove adultery, habitual drunkenness for a period of two years, conviction of a felony or crime or desertion for at least one year.

Settlements

According to Illinois divorce lawyer Robert Downs in an article for divorcemagazine.com, 80 to 90 percent of divorces end in settlement. A settlement results when both parties agrees on spousal support, custody and the division of property. Read the rest of this entry »

The process of divorce in Illinois is covered under the state’s family law statutes. Illinois Statutes Chapter 750 contains the state’s laws governing marriage and familial relationships, including divorce. These laws establish the procedures, requirements and issues covered whenever a divorce is filed in Illinois.

Requirements

Illinois requires that couples filing for divorce meet the state’s residency minimums. At least one of the spouses must have lived in Illinois, or been stationed there as a member of the armed forces, for at least 90 days prior to filing for divorce.

The divorce can be filed in an Illinois county where either spouse resides, even if that spouse does not meet the residency requirements.

Grounds

Illinois allows for both the traditional fault grounds as the basis for a divorce, as well as “no-fault” grounds. For no-fault divorces, the petition must state that irreconcilable differences exist in the marriage that have caused an irretrievable breakdown of the relationship.

For a fault-based divorce, one of the parties must show the other spouse was impotent, already married, committed adultery, abandoned the other spouse, is a habitual drunk or drug addict for the previous two years, exhibited excessive cruelty, is convicted of a felony or infected the spouse with a sexually transmitted disease. Read the rest of this entry »

Marriage can be difficult, and not all marriages endure happily ever after. Divorce and marital separation laws differ from state to state. While each state sets its own family law requirements, there are some that are common across the country.

Residency

Before filing for a separation or divorce, couples must be able to show they meet the state’s residency requirements. Although those differ from state to state, in general, at least one spouse must be a resident of the state before a divorce can be filed. Minimum time limits can range from merely being a resident (no time limit) to as long as a year.

Separation

Some states require couples to go through a period of legal separation, while others allow for it or make no such provisions. In states that make no provisions for legal separation, no distinction is made between a married couple and a separated married couple. Like divorce, parties seeking separation must meet the state’s residency requirements. Read the rest of this entry »