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When it comes to divorce, Illinois courts will generally accept decrees issued by other states or foreign countries under a legal principle known as “comity.” But there are limits to comity. An Illinois court may withhold comity if it believes the foreign state or country’s court deprived the parties of basic due process or otherwise … Continue reading “Is a Divorce Obtained in a Foreign Court Valid in Illinois?”
When it comes to divorce, Illinois courts will generally accept decrees issued by other states or foreign countries under a legal principle known as “comity.” But there are limits to comity. An Illinois court may withhold comity if it believes the foreign state or country’s court deprived the parties of basic due process or otherwise acted in a fundamentally unfair manner. IL Court Refuses to Extend Comity to Indian Divorce, Citing Lack of Due Process and Fundamental Fairness This issue came up in an April 2019 decision from the Illinois Second District Appellate Court. The case involved a…
One of the most sensitive issues in any Illinois divorce is deciding how to best share child custody–or as current state law refers to it, the “allocation of parenting time and responsibility.” In the best-case scenario, the divorcing parents will reach a voluntary, good faith agreement on how to best allocate time and responsibility. The parents can then submit a parenting plan to the court, which upon the court’s approval becomes a legally binding joint parenting order. Federal Court Refuses to Intervene in Illinois State Court Decision As with any legal agreement, it is critical for both parents to obtain…