Lawsuits are full of procedural requirements to make sure that both sides get a fair hearing, and divorce suits are no different. One of these procedural requirements is known as “service of process.” This is a step that happens early in the suit and is designed to alert the other party to the fact that they are now involved in a lawsuit. It involves delivering the other party a copy of the court filing that started the case, along with a summons to appear in court.

This is, naturally, a necessary step in any legal proceeding because the other side needs to be aware that it is happening for them to come in and tell their side of the story. However, this part of the process is also rife with opportunities for abuse. There are some parties who attempt to avoid service by dodging the person sent to deliver the papers in an effort to delay the start of the case indefinitely. While the law does have a variety of tools to combat that sort of behavior, a New York family law judge just added another one that is perfect for the 21st Century

What Service of Process Looks Like

Divorce is a process with many different moving parts, and people going through it often focus on the major ones, issues like child custody and property division. While these are absolutely life-altering decisions, there are other, smaller questions that can still be incredibly important. One such question is which parent gets to claim the child as a dependent after the divorce. While this seems to be a fairly minor point of tax law, it is actually quite important. According to IRS regulations for 2013, a person's being able to claim the dependency exemption could save them almost $4,000, and that is just for a single child. The answer to this question turns out to be a little complex and it depends on both IRS rules and Illinois law.

The IRS Answer

The IRS answer is known as the Custodial Parent Rule, and it can be found in section 152 of the Internal Revenue Code. It states that the custodial parent is the only one who gets to claim the exemption. If there is a joint custody agreement in place, then the parent who has custody of the child for more of the time qualifies as the custodial parent. However, there are two exceptions to this rule. First, if the parents have a multiple support agreement in place, then this rule does not apply. Second, and more importantly, the parents are allowed to agree between themselves who gets to claim the child's dependency exemption, which is where Illinois law gets involved.

Stay at home parents can face unique disadvantages in divorce, despite the fact that, according to U.S. Census data, there are tens of millions of stay at home parents taking care of children across the country. Stay at home parents often run into trouble following a divorce because they chose to give up careers to take care of their families. However, this can leave them without options to support themselves after the divorce.

In the past, this was less of an issue because permanent alimony was more common, but recent changes to the law have made temporary alimony a more likely outcome. Such alimony is designed to allow the stay at home spouse time to get back on their feet and reenter the workforce.

Difficulties Faced by Stay at Home Parents 

There is a new trend in family law aimed at protecting people's relationships with their pets. Prenuptial agreements related to pet custody are now being referred to by some as "pre-pups." These new agreements stem from a variety of factors. First, many are choosing to marry and start a family later in life. As a result, couples are embracing a joint pet as a stepping stone along that path.

However, according to a CBS report, this new trend is causing pet owners, overwhelmingly dog people, to try and protect their relationship with their pets once the relationship with their significant other ends. Second, the law treats pets as personal property for the most part. This means that shared custody and visitation—ideas that were developed for children—do not have legal relevance to pets. Hence, people need to make private agreements to mimic those ideas.

How the Law Views Pets

While everyone acknowledges that divorce can be difficult on children, new research reveals that a family's income level may play a role in just how much children are affected by divorce. A new study by researchers at Georgetown University and the University of Chicago, and being published in the journal Child Development, posits that young children of wealthy families may be more adversely affected by their parents' divorce than similarly situated children of less well-off parents. The study's authors did not focus on the causes of the difference, but they did put forward several theories.

What the Study Found

The new study examined data related to almost 4,000 children between the ages of three and 12 from the U.S. Bureau of Labor Statistics. The data included information about the children's family income levels as well as surveys regarding the children's behavior. The children's behavior was analyzed using a 28-point survey that was developed to quantify adolescent behavioral issues.