MLG LAW GROUP-CHICAGO DIVORCE AND CUSTODY LAWYERS

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Showing posts from October, 2011

Medaition in Divorce

MEDIATION OR COUNSELING REQUIREMENTS: If the court concludes that there is a prospect of reconciliation, the court, at the request of either party, or on its own motion, may order a conciliation conference. The conciliation conference and counseling shall take place at the established court conciliation service of that judicial district or at any similar service or facility where no court conciliation service has been established. In an action for dissolution of marriage involving minor children, or in a post-judgment proceeding involving minor children, the court may on its own motion order the parties, excluding the minor children, to attend an educational program concerning the effects of dissolution of marriage on the children, if the court finds that it would be in the best interests of the minor children. [Based on Illinois Compiled Statutes 750 - Chapter 5 - Section: 404 and 401.1]

Engagement Rings in a Divorce

III. FAILED MARRIAGE The cases involving the distribution of a ring given in contemplation of marriage upon dissolution of a marriage have uniformly adopted the conditional gift theory. These cases apply contract principles. Such application almost always ends with the donee being awarded the ring. The cases often cite the three essential elements of an inter vivos gift: (1) a present intention on the part of the donor to make a gift to the donee; (2) the delivery of the property by the donor to the donee; and (3) the acceptance of the property by the donee. Upon acceptance, the donee's right to ownership becomes absolute in form. The courts further explain that there is a condition subsequent attached to the gift. In Lipton v. Lipton, 134 Misc. 2d 1076, 514 N.Y.S.2d 158, 159 (Sup. Ct. 1986), the court said: An engagement ring is a gift to which a condition subsequent, the fulfillment of the marriage agreement, is attached. . . . [A]lthough a gift made in contemplation of ma...

The Mehta Law Group

The Mehta Law Group, provides sound legal representation in the following areas: * Divorce, * Custody & Child Support * DUI/ Traffic * Contract/ Business Disputes * Real Estate Closings * Personal Injury * Landlord * Tenant Law *Forecloure Defense Flat fees and low hourly rates The Mehta Law Group 312-590-2000 info@mehtalawgroup.com

Chicago divorce attorney

Jurisdiction and Venue in Divorce

Jurisdiction and Venue Deciding where you may – and where you might – press your custody case is the first and one of the most important considerations you must undertake. Custody cases are usually brought in conjunction with a divorce case and, therefore, the location where a divorce case is started is sometimes – though not always – determined by the state and county of residence of the children. Custody cases, however, may be filed without a divorce.1 A “uniform” law2 (passed in virtually every state in one form or another) defines the general rule as this: the last state where the child lived for at least six months should be the state that should hold jurisdiction over a custody trial. Exceptions to the rule began to abound, however, and soon exceeded the rule itself. In response, the law was revised January 1, 2004 and the new law3 is very specific about where a custody case may be initiated. The new law quickly developed it’s own rules and exceptions and they can be very trick...