Posted on February 22, 2016 in Divorce

It is no secret that divorce can be messy and complicated. This is all the more true with the proliferation of social media, a virtual world in which very little is left secret and no trauma is left private. If you are facing divorce, there are several lifestyle choices that you will have to make—beginning with finances, living arrangements, and parenting schedules. With these crucial and weighty decisions to make, it can seem a fool’s errand to attempt to also control less-important things like social media. And yet if you are going through divorce, understanding how to get your social media accounts under control can be one of the most important things you can do.

Why Worry?

There are several reasons for this, and they are not all only applicable if you are going through a less-than-amicable divorce process. The first, and most obvious, is that it can be painful to watch your soon-to-be-ex spouse moving on with his or her life. The second is that anything you say on social media can be used against you during the divorce proceedings—something that divorcing couples in the past never had to even consider. If, for example, you have separated from your spouse and each are dating (even if it is an arrangement to which you both have verbally agreed), posting pictures of anyone you are dating can be used against you in court. It could be wise to refrain from posting any pictures of yourself out on the town on public social media accounts during divorce proceedings, as they could be construed as cheating. Again, this is advisable even if the arrangement has been verbally agreed upon.

Continue Reading ››

 Posted on February 17, 2016 in Property Division

Taxes can be complicated even under ideal circumstances. However, when you are going through a divorce at tax time, it can put additional strain on everyone. You will have to decide the best way to file taxes. If you are due a refund, how should the refund be divided? The last thing you need is to create tax problems on top of getting through your divorce.

Choices for Filing Taxes

If you filed for a divorce before the last tax year ended, as long as the divorce was not final in that year, you and your spouse are still able to select the option of “married, filing jointly” on your federal tax return. You can also use the “married, filing separately” option, but most of the time you pay less in taxes or get a larger refund if you file jointly. In some cases, you may be able to file as  “head of household”. You will need to check with your tax advisor to see what your best option is.

Continue Reading ››

 Posted on February 14, 2016 in Divorce

While it can certainly be fulfilling and ultimately bring happiness to both spouses, marriage takes a great deal of work, even in the best of circumstances. In more challenging situations, staying together might prove impossible, especially if one spouse is particularly unhappy. This can become painfully obvious if that spouse files for a divorce that you may have never seen coming. If you have recently been served with divorce papers and the request has taken you by surprise, it is time to start preparing for the road ahead.

Act Quickly

Once you have been served with divorce papers, it means that your spouse has formally filed a petition for divorce with the court. For your part, you must file a written response or, at least, an appearance within 30 days. Your response does not necessarily mean you agree to the divorce. In fact, you can directly refute any complaints or allegations your spouse may have included in the petition. If you do not file an appearance or a response in the allotted time, however, you risk being held in default, which means the process can continue without you. A default judgment against you in your divorce should be avoided at all costs.

Continue Reading ››

 Posted on February 10, 2016 in Paternity

When parents are unable to agree on the allocation of parental responsibilities or on a parenting time schedule, judges will often appoint an evaluator to study the situation and make recommendations. Often judges will adopt most, or even all, of the recommendations of the selected evaluator. Therefore, you need to understand how such an evaluation works.

Appointing the Evaluator

Judges have the discretion to appoint a custody or parental responsibilities evaluator when deemed to be necessary based on the circumstances of a particular case. Some judges will simply appoint an evaluator from a court-approved list. Other times, a judge will provide the parties a few names and ask them to agree on an evaluator. Many, if not most, evaluators are psychologists or other qualified mental health professionals.

What Happens in an Evaluation

Continue Reading ››

 Posted on February 08, 2016 in Divorce

If you are considering a divorce, there are probably countless questions going through your head. Ending a marriage will, in almost every situation, create a degree of uncertainty. You may be unsure of how you will get by on your own, how co-parenting will work, and whether you will ever be ready to give love another chance. In addition, you are also likely to have concerns about the process itself. Unfortunately, one of the most common questions is one that is among the most difficult to answer definitively. How long will it take to complete a divorce? It is almost impossible to say for sure.

Contributing Factors

The speed and efficiency of the divorce process depend on a wide range of variables, some related to your specific situation while others are beyond your control. For example, the current caseload in the county where you file your divorce petition can impact your case by several weeks or more, but you and your spouse can do little, if anything, about the court’s schedule.

Continue Reading ››

 Posted on February 01, 2016 in Family Law

Everyone wants what is best for his or her children. But sometimes people end up damaging their children and hurting their own case when they are in a parental responsibilities (custody) or parenting time dispute without even realizing it. If you are engaging in any of these five behaviors, you need to reexamine your approach.

1. Talking About the Case in Front of Your Child

Any dispute you are having is with another adult. When you discuss the case and your feelings about it in front of your child, you risk making the child feel like they are in the middle of the battle. The child may feel like they have to pick a parent or a particular side. If a custody evaluator or judge sees you putting your child in the middle of the dispute, you could seriously hurt any chance at getting what you want in the case.

2. Refusing to be Flexible

Life is busy and hectic for everyone and everything will not always go according to plan. If you refuse to be flexible occasionally when something goes wrong, a court may not see you as taking a principled stand for following the rules. Judges will think you are putting your own ego above what is best for your child.

Continue Reading ››

 Posted on January 31, 2016 in Prenuptial and Postnuptial Agreements

Discussing a prenuptial agreement with your soon-to-be spouse is never easy. However, as thousands of divorcees will attest, this contract can protect your personal and financial interests. Although a prenup can protect certain assets, the contract does have limits. Some aspects in a divorce or family law case cannot be part of a prenuptial agreement.

Illegal Terms

According to Illinois law, you may not include any illegal obligations in your prenuptial agreement. These can range from requiring your spouse to commit an unlawful act to listing the division of prohibited possessions, such as drugs. These terms may render the entire document invalid.

Child Support and Allocation of Parental Responsibilities

In Illinois, the court has the final say in calculating child support. Therefore, you cannot include details regarding child support or child custody in a prenuptial agreement.

Continue Reading ››

 Posted on January 27, 2016 in Guardian ad Litem

It is all too familiar to most people that legal proceedings related to children can quickly deteriorate into ugly, contentious battles. Although it can happen for many reasons, unfortunately, it occurs most often when parents cannot separate themselves from the emotion of the situation, allowing their feelings for each other to cloud their judgment regarding the child’s best interests. Despite recent changes to the statute in Illinois regarding child custody—now called the allocation of parental responsibilities—there is no way to entirely prevent acrimonious disputes. To help the process, however, a family court has the authority under law to appoint a guardian ad litem, an attorney who serves as an extension of the court.

The Guardian ad Litem’s Duties

According to the Illinois Marriage and Dissolution of Marriage Act, a guardian ad litem (GAL) must be an appropriately trained and certified attorney, who is appointed to assist the court in understanding the circumstance relevant to a child-related legal matter. A GAL may be asked to help in the allocation of parental responsibilities, proceedings for parenting time disputes, relocations, and any other matter in which the child’s best interest are of primary concern.

Continue Reading ››

 Posted on January 20, 2016 in Child Custody and Support

As you try to provide for your children, it is important to stay aware of any and all potential opportunities that may arise. Sometimes, these opportunities may require you to move out of the area, and in some cases, to a different state. When children are not a consideration, it is relatively easy to pick up and move, and start a life in a new location. When a custody order—or a parenting plan under the updated law—is involved, you will need to understand what the law requires before you attempt a relocation.

Relocation Defined

The same measure that updated the state’s provisions on child custody also clarified what constitutes a relocation. Under the previous version of the law, only an out-of-state move required special consideration. Beginning this year, however, the updated statute provides direction on what a parental relocation is and the steps necessary in completing one.

Continue Reading ››

 Posted on January 18, 2016 in Mediation

As form of dispute resolution that is available in virtually every type of civil proceeding, mediation typically allows competing parties the opportunity to hammer out an agreement that reasonably meets the needs of everyone involved. This holds true in a large number of arenas, including personal injury concerns, business disputes, and, of course, divorce and family law. Perhaps the biggest advantage to seeking mediation in your divorce or child-related matter your ability to be clearly heard throughout the process, a luxury not necessarily afforded in many court-handled cases.

Strict Legal Guidelines

While the statutes regarding divorce and family law are constantly being updated to allow for more individual consideration, the fact of the matter is that a court can only do so much. A presiding judge is expected to take into account an ever-growing list of circumstantial considerations, which may include those related to each spouse and the children involved. To truly appreciate a family’s situation, a judge would need to review the case for hours and hours, discussing intimate details with each party, and doing so is clearly not a realistic expectation. Thus, court decisions are often based on a very limited understanding of the facts, and only those each party remembers to include in presented documents.

Continue Reading ››