The legal requirements for divorce may vary from state to state. For example, in Illinois, at least one spouse must have lived in the state for a minimum of 90 days. On the other hand, there is no waiting period to have a divorce finalized. Individuals can seek a no fault divorce after they have been separated for a minimum of two years. A no fault divorce means that a spouse does not have to prove that the other did anything wrong. The grounds for a no-fault divorce are simply that the relationship is beyond repair.
A recent story about the arrest of a group of men, two of whom are Orthodox rabbis, got us to thinking about organized crime. The FBI rounded up the unusual suspects on the East Coast, but what they are accused of doing would fit neatly in with Prohibition-era Chicago. We were a tough town then, but we wonder if even Al Capone would have gone as far as this gang allegedly has.
The law works in mysterious ways sometimes. A recent case in Illinios that involved divorce and a religious annulment is a great example.
It seems like it divorce has been dragging on for the reality star, but Kim Kardashian appeared in court recently for a hearing, attempting to settle her divorce case from NBA athlete Kris Humphries. Sources report that the TV star sat with her hands crossed on her lap in a jury, waiting for her court appearance. A judge has guarded the proceedings due to confidentiality mandates in the former couple's divorce settlement.
Just a few more months and the Kim Kardashian/Kris Humphries marriage will be put to rest, if the judge in the case has anything to say about it. The parties will be back in court on May 6 for what most expect to be a three- to five-day trial.
In interviews, reality television personality Kim Kardashian has admitted that she knew "right away" that her marriage to NBA player Kris Humphries was a mistake. What she did not realize in all probability was that undoing that mistake would last longer than the couple's entire relationship. The cause of the delay is that Kardashian wants a divorce while Humphries wants an annulment on the grounds of fraud.
Less than two months after their wedding, the wife of a brokerage firm's CEO has asked the court to annul the marriage. The woman claims her husband married her under false pretenses, concealing devastating information from her about his past and his future.
We are finishing up our story of an annulment case recently decided by an appellate court. It is an interesting family law case that touches on other areas of law, including probate and estate planning, as well as a little civil procedure. In our last post, we discussed the burden of proof in the state where all of this took place and how different it is from Illinois' burden.
We are continuing our discussion of a recent case from outside of Illinois that involved three sisters, Janet, Amy and Mary. While Janet was in hospice, just a couple of weeks before she died of cancer, she married Tim. They told no one. After Janet's death, though, Tim broke the news. Amy and Mary petitioned the court to annul the marriage. This is where family law and probate/estate planning law both entered the picture.
We are continuing our discussion of a recent family law case that involved three sisters, a secret wedding and a petition for annulment. Illinois law uses the term "invalidate" instead of "annul," and it really does make more sense. Invalidation wipes the marriage off the books; it's as if the marriage never happened. The parties end up with whatever they brought into the marriage, and in this way invalidity is significantly different from divorce: The divorce process will divide the couple's assets and debts and determine the future care of the children, including custody, support and visitation.