One of the more common disputes that arise during (and after) a divorce is visitation rights for the non-custodial parent. Ideally the parents establish a visitation plan and stick to it. But life does not always go according to plan, and when one parent feels they have been deprived of time with their child, it can lead to additional litigation even after the divorce is final.

Missed Weekend Leads to Extended Litigation

In a recent case from Chicago, a judge went so far as to hold a mother in contempt of court after the father missed two scheduled visitation days with their son. An Illinois appeals court reversed the contempt finding but still ordered the mother to give the father “make-up” visitation days. It is worth noting this dispute arose more than a decade after the parents divorced and agreed to a visitation plan.

A common issue in high asset and complex divorces is one spouse's right to share in the business interests developed and owned by the other spouse. These issues may be complicated if the parties had a longstanding relationship that existed prior to marriage. Unfortunately for the less-wealthy spouse, Illinois courts generally do not take such nonmarital time into account when awarding property and spousal support in a divorce proceeding.

Court Affirms Different Rules for Opposite-Sex, Same-Sex Couples

A recent Illinois appeals court decision illustrates the uphill climb many estranged spouses face. This case involves a husband and wife who were only married for seven months but had a prior 13-year relationship. The husband owned several fast-food franchises and acquired a number of other significant assets over the years, including “multiple homes and motor vehicles.” The wife, in contrast, had “modest” financial resources, according to court records.

Social media posts have become an important source of evidence in many divorce cases. Many people falsely assume their posts are “private” and that any incriminating material–such as proof of an extramarital affair–can be concealed from an estranged spouse. In fact, many spouses have learned how to keep an eye on their partner's social media activity for just that reason.

But, what happens when a person goes even further and takes steps to monitor their spouse's email? An ongoing lawsuit suggests such activity may violate federal law. Not surprisingly, this litigation arose in the context of a highly-contested divorce.

Federal Court Reinstates Husband's Wiretap Lawsuit Against Wife

Normally, a divorce is a single judgment that not only dissolves the parties' marriage but also resolves all outstanding issues, such as division of property and establishing child support. A contested divorce can take several months or years to resolve, but there are some situations where one party may need to expedite the process. Illinois courts, therefore, have the discretion to split–or bifurcate–a divorce into separate proceedings if the judge finds there are “appropriate circumstances.” With bifurcation, a court can immediately divorce the parties while reserving other issues until a later date.

Court Permits Bifurcated Divorce to Terminally Ill Man

A recent Illinois case illustrates how bifurcation works in practice. In this case, a couple married for over 20 years “stopped acting as husband and wife,” according to court records, although they continued to reside in the same house. For approximately seven years afterward, the husband was in a romantic relationship with another woman. Eventually, the husband started living with his girlfriend.

It is not unusual for spouses to argue about child visitation rights as part of a divorce settlement. But what about pets? After all, many couples consider their dogs, cats, and other animals to be “members of the family.” It stands to reason, then, that custody of pets, including visitation rights, could be a matter for a divorce court to resolve.

Canadian Judge Says Dogs Are the Not the Same as Children

Unfortunately for animal lovers, that is not how the law works in most places. A judge in the Canadian province of Saskatchewan was recently asked to award custody of two dogs in a contested divorce. The husband offered to split custody—each spouse would take one—but the wife wanted to keep both.