Posted on September 19, 2017 in Divorce

In this technologically advanced age, social media is part of most people’s lives. Information both personal and private is shared over the internet, and with that freedom comes the potential dangers. While social media can play a role in people choosing to divorce—the most recent relevant data shows that 81 percent of attorneys surveyed by the American Academy of Matrimonial Lawyers (AAML) reported an increase in divorce cases using evidence obtained from social networks—it can also play a role in the outcome of a divorce already pending. Both can have a direct affect on you.

Child Custody Issues

By far, information found on social media is most commonly used as evidence in child custody cases—now called the allocation of parental responsibilities in Illinois. Nowadays, Facebook, Twitter and Instagram posts are much more commonly being introduced to support allegations of unethical or inappropriate behavior going on right under the judge’s nose, and while such posts might seem harmless, they can absolutely be used against you.

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 Posted on September 14, 2017 in Mediation

Very few people enjoy going to court (except, of course, for some attorneys). When divorce becomes a reality, some people make the choice to go through divorce mediation instead of litigating the matter in court. However, despite its increasing popularity, there are still many pervasive myths floating around about the mediation process. It is important to set the record straight, so that you can make an informed choice about which process may be right for you.

Myth: The mediator is there to mediate your disputes about your marriage.

Technically, this is false. A divorce mediator is a professional, often an attorney but not always, who has training in dispute resolution and will use it to help you work out a settlement. They are, in a nutshell, not “that” kind of mediator. They are not therapists or couples’ counselors. Mediators are there to facilitate the conversation so that parties can make constructive progress on divorce-related issues, including asset disposition, child custody and spousal support or alimony.

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 Posted on September 13, 2017 in Adoption

In an overwhelming majority of cases, an adoption is a celebrated and joyous event that leads to the growth of a family. Sometimes, however, that joy does not last. If the unthinkable happens and the adoption does not work out, there are ways to ensure that everyone’s rights are protected.

Vacating/Reversing

It is possible in Illinois to vacate or reverse an adoption, but there is a strict protocol for doing so, and definitive proof of why a reversal is required. Usually, it is the birth parents who attempt to have an adoption vacated, and they usually attempt to do so by claiming that something inappropriate or unconscionable occurred. Some common reasons cited for trying to reverse an adoption include:

• Fraud: Consent to the adoption may have been obtained through duress or depection;
• Lack of jurisdiction: A court only has jurisdiction over an adoption proceedings if significant ties exist to that county (usually as either the residence of the parents or the place of the child’s birth, but other substantial ties may exist); and

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 Posted on September 05, 2017 in Adoption

Sometimes, adoptions are able to remain in the family. If a parent wants to surrender his or her parental rights, it is becoming more and more common for family members to adopt nieces, nephews or other children of relatives, instead of going through the entire foster process. The process is much the same as it would be in adopting an unrelated child, but there are feelings and relationships that must be considered where such things might not exist in an adoption involving strangers.

The Issue of Parental Rights

What many prospective parents forget is that both parents must consent to abrogation of their parental rights, not just one. Even if the biological mother or father is not involved in their children’s lives, they must voluntarily surrender their parental rights in order for the adoption to go forward, or they must be shown to be unreachable. Illinois law states that a parent abrogates parental rights if they cannot be located after appropriate due diligence, including publication in newspapers and other methods.

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 Posted on August 30, 2017 in Business Valuation

Divorce is complex; however, dividing property is often most complex aspect of a process that can take a long time. Nowhere is this better illustrated than in the procedure for valuing and dividing a family-owned business. Between personal preferences and the market rates, dividing the value of a business will often create the biggest issues during the process.

Valuation Basics

As one might imagine, Illinois courts only have the ability to divide marital property during divorce proceedings. A family business qualifies as marital property if it is run by both spouses or if one spouse owns a controlling interest. The rationale is that the spouse working there will bring home paychecks earned by improving the business’s value. If the business is deemed marital property, it will be valued so that it and the couple’s other assets can be divided equitably.

Valuations are most often conducted by independent experts so as to avoid any accusations of favoritism or impropriety on the part of one spouse. Such experts will take into account a host of different variables, including:

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 Posted on August 24, 2017 in Child Custody and Support

During some divorce or parental responsibility proceedings, one or both spouses will resort to unethical tactics in order to get ahead. Accusing the other spouse of child abuse is a tactic that has become unfortunately more common in recent years, but it still does not happen as often as one might think. Still, if it happens to you, it is important to know how to defend yourself from false allegations of abuse.

“Reasonable Belief”

As one might imagine, child abuse allegations are taken extremely seriously. The number of children actually removed from their homes, however, has decreased in recent years. When abuse allegations are made, the Illinois Department of Children & Family Services (DCFS) is called in to do an investigation. This is not a criminal investigation, but it can easily become one. The important thing is to cooperate with the investigation—any resistance can be taken as a possible indication of guilt.

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 Posted on August 17, 2017 in Property Division

When a couple decides to divorce, the standard procedure is to compile a list of all marital assets and distribute them equitably between the spouses. However, sometimes things do not go according to plan. A spouse may hide assets, sell them, or even engage in dissipation. You must be aware of what constitutes improper conduct so that your divorce proceeds as smoothly as possible.

Hiding Assets

In most states, Illinois included, a temporary restraining order may be placed on both parties at the beginning of a divorce proceeding. This order prevents disposing of any marital assets in any way and is generally recommended if either spouse suspects the other will engage in unethical behavior. The rationale is that marital property is the property of both people in the marriage, and one spouse disposing of assets breaches the covenant both people entered into when they got married. Most of the time, these orders only apply to marital property; items not classified as such (in other words, as personal property) may generally be sold freely.

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 Posted on August 15, 2017 in Guardian ad Litem

Sometimes, though we hate to admit it, we are not our children’s best advocates. In an environment such as family court, especially, the state tends to be of the opinion that we cannot impartially advocate for our children’s best interests. To protect their interests and their safety, professionals referred to as guardians ad litem are often appointed to act for children in legal proceedings.

Role of a GAL

A guardian ad litem (GAL) is an attorney who may be appointed by a family court judge to ensure that the interests of children are protected. Each county has its own procedure for appointing a GAL and will make such appointments with varying frequency. In Cook County, for example, in Cook County, there is a tendency to use GALs slightly less, as the Office of the Cook County Public Guardian is sometimes used to represent minors in specific cases.

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 Posted on August 11, 2017 in Annulments

Sometimes, marriages do not work out. However, the same dissolution procedure is not always the best for each situation. If you have been married a very short time, you may be able to annul your marriage instead of having it dissolved. Still, it is important to understand when this is appropriate and when you are better off opting for a standard divorce.

Dissolution of Marriage

A divorce is referred to under Illinois law as a dissolution of marriage, and almost any couple can obtain one. Until recently, Illinois offered fault-based grounds for divorce such as bigamy, but the law was amended in 2015 to remove all grounds except for irreconcilable differences—the standard “no-fault” ground for divorce. The law was also changed to eliminate the requirement for a couple to live apart for six months or more before their divorce could be granted.

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 Posted on August 07, 2017 in Divorce

When people decide to get divorced, even the most elementary issues must be in proper order, or there could be problems with the legality of the proceedings at a later date. Jurisdiction is usually one of these issues. Most of the time, the parties assume all is well with this aspect, and they are usually correct. However, if a spouse has moved out of state or is in the military, there could be jurisdiction questions that must be answered.

Types of Jurisdiction and Requirements

If you or your spouse decide to move out of Illinois, it is generally not a problem unless it can be proven that you moved deliberately to cause issues or confusion for your spouse, such as frustrating parenting time considerations. Any state where one spouse has been resident for at least 90 days has jurisdiction to oversee a divorce filing under Illinois law. However, it can be markedly more complex: namely, because not every situation in which a state has jurisdiction over a divorce is one where that state also has jurisdiction over issues like property division. This is referred to as the principle of divisible divorce.

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