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Decisions regarding the division of marital assets upon divorce may be made either by the divorcing spouses themselves or by a judge. State law governs which spouse is entitled to receive which assets in the distribution. Typically, each spouse will receive a percentage of the total value of their joint property. Although it is illegal to do so, one spouse may try to hide their assets in an effort to protect the assets from property division. There are numerous tactics that an individual might try to use to veil their assets. However, it is possible to find hidden assets to make them available for a fair distribution in a divorce.
Continue Reading Divorce and Hidden Assets

Frequently, as a result of a change in circumstances, parents seek to modify child support orders. Although the law varies considerably among states, delaying or failing to modify child support to reflect current circumstances can have a serious impact on both parents (whether recipient or payor) and children.
Continue Reading Procedural Considerations for Parents Seeking to Modify Child Support

Child support payments may either be ordered by the court in a divorce decree or legal separation agreement or mutually agreed upon by the parties. Several laws exist which are designed to make child support orders readily enforceable across the United States. However, despite such efforts, “dead-beat dads,” or parents who consistently fail to make support payments in full or at all, continue their delinquencies. As a result, there are further measures available for the collection of child support payments.
Continue Reading Falling Behind on Child Support Payments

In June 1977, the U.S. Supreme Court declared a law that regulated the sale and advertising of contraceptives unconstitutional. In this noteworthy opinion, the Court addressed the constitutional protection afforded to decisions related to childbearing.

Background
At issue in this case was a New York statute that made all of the following activities a crime:
For any person to sell or distribute any contraceptive of any kind to a minor under the age of 16 years
For anyone other than a licensed pharmacist to distribute contraceptives to persons 16 or older
For anyone, including licensed pharmacists, to advertise or display contraceptives
A corporation that sold non-medical contraceptive devices challenged the constitutionality of the statute. On appeal, the issue was ultimately resolved by the U.S. Supreme Court.

Fundamental Right of Privacy
The U.S. Supreme Court has interpreted the Constitution to contain protections for certain fundamental rights. Various privacy rights, including, for example, decisions related to marriage, sexual relations, abortion and childrearing, are fundamental rights. In this case, the Court reiterated that “[t]he decision whether or not to beget or bear a child is at the very heart of this cluster of constitutionally protected choices.”
Continue Reading Noteworthy Supreme Court Case Declares Statute Regulating Contraceptives Unconstitutional

Adoption is the process by which an adult becomes the legal parent of an individual who is not their biological child. A finalized adoption severs all legal ties between the child and the natural parents, thereby terminating all parental rights. However, adoption also creates new obligations on the part of the adoptive parents. The new parent-child relationship establishes legal responsibility for child support, rights to an inheritance and/or custody. Typically, adoption laws vary by state and there are several different types or forms of adoption including agency and independent adoption
Continue Reading Agency and Independent Domestic Adoption

Suppose Michael and Terri Schiavo had resided in Illinois after she became incapacitated, and suppose Michael had wanted (or been willing) to divorce her – would Illinois law have allowed it?

The litigious end of Terri Schiavo’s life inspired headlines, editorials, and discussions across the country on whether Michael Schiavo, her husband and guardian, acted correctly and what, if anything, he should have done differently. Some critics of Mr. Schiavo’s actions in causing the removal of the feeding tube for his comatose wife, who died 13 days later, suggested that instead of doing so he could have simply exited the situation by divorcing her and allowing her parents, who wanted the feeding tube to remain in place, to be responsible for her care.

Having heard the Schiavos’ sad tale, let’s consider a hypothetical couple who reside not in Florida but in Illinois. Our hypothetical wife has been found by all physicians to be in a persistent vegetative state, and all agree that she has virtually no chance of recovery. Husband and wife are of modest means and have now, after several years of wife’s existing in her present state, exhausted their savings and medical insurance coverage.

The husband, who is his wife’s guardian, now accepts the physicians’ advice and conclusions that his wife has no realistic chance of recovery. Saying that his wife told him that she would not want to be kept alive in such a state by artificial means, he directs medical staff to remove her feeding tube. Her parents object, saying that they are willing to assume complete personal and financial responsibility for her care if the husband will divorce her. What if our hypothetical husband we’re willing to honor that request? Could he divorce his incapacitated wife in Illinois?
Continue Reading Would Illinois Allow the Schiavo’s to Divorce??