Blog
Subscribe to this list via RSS Blog posts tagged in Geneva

Posted on in Divorce

If you are considering filing for a divorce, one of the items on your checklist should be monitoring what you post on your social networking sites. What may seem like a perfectly innocent posting on your Facebook status may show up as admitted evidence used against you in a divorce case.

According to the American Academy of Matrimonial Lawyers (AAML), over 80% of the top family law attorneys in the country report an increase in the number of cases utilizing evidence taken off of social network sites. Facebook was named the number one source by 66% of those attorneys surveyed, followed by Myspace and Twitter.

Lawyers have been using emails and text messages as evidence for several years. Social networking sites, although a fairly new tool, are quickly proving to be just as effective. Maybe more so, as people post more and more information about their private and personal lives on a very public forum. Photographs posted online are also proving to be a boon for couples involved in divorce proceedings. And the photos do not have to be posted on your site. Attorneys also check out the sites of friends, family members and other colleagues in their search for “damning evidence”.

Custody issues usually become relevant when a relationship is about to end. Depending on how it ends, parents may want to take care of their children together or by themselves. In a joint custody arrangement, the custody of a child is awarded to both parents. Either or both parents can apply for joint custody, or the court may decide to award joint custody if it is determined that it would be best for the child. The Illinois Marriage and Dissolution of Marriage Act specifies what rules there are to joint custody.

When applying for joint custody, a Joint Parenting Agreement must be prepared. Your Kane County family law attorney can help you with this. The agreement specifies which powers, rights and responsibilities the parents have concerning the child’s personal care, education, health care, and religious training. The agreement also details what to do if the parents change their minds about the conditions or have a problem with them. If the parents fail to produce a Joint Parenting Agreement, the court may grant sole custody or introduce a Joint Parenting Order, which contains the same specifications as a Joint Parenting Agreement. The court may also order that an investigation is conducted about the custodial arrangements, if a parent or the child’s custodian requests this.

Sometimes, the court may order joint custody, if it is in the best interests of the child. In this case, the parents must be able to obey the rules specified in a Joint Parenting Order, for instance, they must be able to cooperate together in matters that concern the parenting. Furthermore, their residential circumstances are taken into account.

No, you are not required to undergo any type of waiting period in order to get divorced under Illinois law. In many states, you must be separated from your spouse for a certain amount of time or you must wait several months after the filing of your divorce petition before your divorce can be granted by the court and become final. While there are some circumstances under Illinois law in which you can undergo a waiting period for your divorce, such as when you are seeking a no-fault divorce, you are never required to have a waiting period before you can get divorced.

In order to avoid any kind of waiting period in an Illinois divorce, the Illinois Marriage Dissolution of Marriage Act (750 ILCS 5/) states thatyou must use one of the fault-based grounds for divorce under Illinois law. These grounds, or reasons for the divorce, include the following:

Talk to an attorney now. Call 630-232-9700.
For faster response to after-hours inquiries, please   email us.