Tag Archives: dissolution of marriage
Types of Post-Decree Litigation
Think you’re done with your ex once your divorce is finalized?
While that is surely the goal, not everyone is so lucky. Many former spouses find themselves back in court years after the entry of their divorce judgments seeking to either a modify or enforce their divorce decrees.
Post-decree includes all litigation that occurs after a decree of divorce, dissolution of marriage, legal separation, or judgment of paternity is entered. Post-decree lawyers will often receive inquiries from former or new clients requesting one or more of the following:
Engagement Rings and Divorce
When a relationship dissolves and an engagement breaks off, it is not uncommon for controversy to arise over who has the legal right to the engagement ring. In determining the rightful and legal owner of the ring, Illinois courts look to which party ended the engagement. Unfortunately, because the couple was never actually married and therefore not going through a divorce the same rules do not apply as with married couples.
Ordinarily, if one spouse has a change of heart and unilaterally breaks the engagement, she or he is required to return the ring. The reasoning behind this policy is quite simple: the law rests on the notion that a gift given in contemplation of marriage (the ring) is conditional on the subsequent marriage of the parties. The party who breaks the condition has no right to any property acquired under such pretenses. Similarly, if the engagement is “mutually broken,” the ring should also be returned. For example, in situations where infidelity arises during the engagement, the cheating party is viewed as the cause for breaking the engagement and, therefore, will not have a claim to the engagement ring.