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Showing posts from April, 2014

Who gets the ring in a divorce?

The Mehta Law 79 W. Monroe, Ste.808 Chicago, IL. 60603 312-590-2000 Divorce is the last thing on your mind when spending serious cash on a sparkly sign of DeBeers-style love. Sadly, although diamonds are a girl's best friend, many guys want to take that friend away when they decide that divorce is on the horizon. As a divorce lawyer , I am often asked whether it is possible to get the ring back. That is especially the case when the engagement ring was purchased with multiple commas! Unfortunately, the answer is likely no except in a few cases. The most typical exception is when you called off the wedding during the engagement -- but even then, it's no guarantee that you will get your ring back. In California, the courts look at the engagement ring as a promise for marriage, and if the bride fulfills the promise of marriage, it is hers free and clear. If the bride never walks down the aisle, she must return the ring because she nev

Removing kids from the state in a Illinois Divorce

What it Takes to Succeed at Removal Like most issues involving children, the standard by which courts make removal decisions is "the best interest of the child." It used to be that in most counties in Illinois, generally, removal was disfavored, because it tends to disrupt the connection between the child and the remaining parent. 1 Today, however, where the removal can be shown to be of benefit to the child – notwithstanding the change in the frequency of contact with the remaining parent – removal should be permitted where a direct benefit to the removing parent can be shown or where a direct or indirect benefit to the child can be shown. 2 New Spouse in Another State: Illinois law used to frown on removal cases predicated on the need to be near a new spouse in another state. As noted above, however, case law has changed drastically in recent years and such arguments now carry much more weight in a court's determination. Ultimately, the service of the ch