The Bifurcated Divorce
DuPage County family law attorneys, bifurcated divorce judgment the Illinois Supreme Court held that on the date a bifurcated judgment for. Under Illinois law, courts may under certain circumstances enter a should be the date of dissolution, even in bifurcated divorce proceedings. What You Need To Know To Bifurcate your Divorce in Illinois.
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To Bifurcate, or Not to Bifurcate: That is the Divorce Question | Lewitt Hackman - JDSupra
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Illinois Divorce Bifurcation
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You'll have to show "appropriate circumstances. Pregnant wife wanted to marry the father of her unborn child and new husband could provide health insurance for child that current husband could not.
Marriage of KenickIll. Marriage of BlountIll. Husband had no income and assets were protected in trust. He lived in deceased mother's home and lived off of his share of her estate. Bifurcation allowed with child support reserved. Marriage of SchweihsIll. Terminally ill wife alleging "mental cruelty" back when that was a ground for divorce in Illinois allowed to bifurcate to permit her to dispose of her share of marital property according to her wishes.
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Marriage of Tomlins and GlennIll. Terminally ill husband with 6 months to live allowed to bifurcate divorce so he could dispose of his share of marital assets according to his wishes. Marriage of BreashearsIL App. Negative Impact on Minor Children: Some divorce cases can get nasty and can have a negative impact on the children.
In a creative analysis, the First District Appellate Court concluded that that is enough to permit bifurcation. By May, he had had enough of his soon-to-be-former wife's legal shenanigan's. He had a lot of complains, but the one that got the most traction was that the protracted litigation was having a negative impact on the children. On the other hand, setting the valuation date as the date of dissolution encouraged the parties to "stop litigating" and "discourages gamesmanship.
The majority acknowledged that although bifurcated proceedings were justified in some cases, courts should be reluctant to allow bifurcation: Garman dissented, joined by Chief Justice Thomas L. Kilbride and Justice Robert R. The dissenters concluded that "the parties marital and nonmarital property should be valued as of the date of the trial on that issue or on a date as near as practicable to that date.
- The Appellate Strategist
- The Bifurcated Divorce
- Dissolved But Not Done: Bifurcated Judgments
The rule "has never been applied," the dissenters argued, in circumstances where a significant change in value of the marital asset had occurred between dissolution and the ancillary proceedings.