Recent Blog Posts

 Posted on August 26, 2016 in Divorce

Most of us think nothing of posting a funny story, sharing some family photos or liking someone’s status on social media. Nearly 60 percent of Americans are on Facebook, and staying connected to family and friends via the internet has become second nature.  However, what you post on social media sites like Facebook may affect your divorce case more than you would think.

Online Privacy

Although Facebook does have privacy features such as the ability to block someone from seeing your posts, a divorce is a tricky situation when it comes to social media. If a person is or used to be married, chances are that they and their spouse have many mutual friends on these websites. They might be a part of the same groups or organizations.  It is very easy for a party to use these privacy loopholes to spy on the other spouse’s behavior.

For example, if you are unable to pay child support or spousal support payments but post vacation pictures online, your spouse can use this information against you in court. You may also be tempted to vent or share your frustrations about a spouse on social media. These rants, taken out of context, may paint a picture of you or your character that is inaccurate.

Continue Reading ››

 Posted on August 24, 2016 in Divorce

No matter what the situation may be, some people are better at making tough decisions than others. Certain individuals are able to quickly choose a course of action and begin proactively pursuing their goals. Other people, however, require more time to consider the implications of their decision, weighing their options carefully before making a choice. Of course, there are extremes in both groups, with some making rash decisions regardless of the consequences and others who overthink the situation while paralyzed into inaction. When the issue is something insignificant, like where to have dinner tonight, the ability to make a decision is not all that important, though an inability to do so may still be annoying. But what about the decision to file for divorce? Does it matter who makes the decision to file the petition first?

A Level Playing Field

From strictly a legal standpoint, there is little to be gained from getting to the courthouse ahead of your spouse. If you file first, you will be known as the petitioner throughout the proceedings, and your spouse will be the respondent. With your petition, you will be able to make certain claims and requests of the court, so there may seem to be some advantage to being the petitioner. However, the respondent will have the same opportunities to make claims and file motions, both in response to yours and of his or her own accord. As the process moves forward, both parties will have the chance to present evidence and contribute to the judge’s final decision.

Continue Reading ››

 Posted on August 19, 2016 in Divorce

When you are preparing to begin the divorce process, you are likely to have many questions. You are probably wondering how much it is going to cost, how long it might take, and what type of expectations will be placed on you. There is also the ever-present question of hiring a divorce lawyer, as countless online resources offer advice on how to handle a divorce on your own. Going through a divorce without the assistance of a qualified lawyer is not advisable, especially if you and your spouse own significant assets or have children together. But do you each need to hire you own attorney or can one lawyer represent both you and your spouse?

Conflict of Interest

The answer to this question can be found in the Illinois Rules of Professional Conduct, the formal guidelines the govern the practice of law in the state. Rule 1.7 states that “a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.” The rule goes on to say that such a conflict exists if “the representation of one client will be directly adverse to another client.” For a divorce situation, this means that a single attorney cannot represent both you and your spouse, as your interests are, by definition, in conflict with one another.

Continue Reading ››

 Posted on August 10, 2016 in Property Division

For those who have never experienced divorce, there are often many myths and misconceptions that surround the process. One of the most common of these is the idea that when a couple gets divorced, each spouse is entitled to half of the couple’s property, regardless of where, when, or how the property was acquired. In Illinois, the reality is much different, as state law is very specific about what property is subject to division and that marital property is to be divided equitably, not necessarily equally.

Marital and Non-Marital Property

The first step in equitably dividing marital property in a divorce is determining what, exactly, is marital property. According to the Illinois Marriage and Dissolution of Marriage Act, any property that is acquired by either spouse in the course of the marriage is considered marital property. There are limited exceptions to this rule, as assets acquired by gift or inheritance are considered non-marital property. Once the marital estate has been established, the value of each marital and non-martial asset must be determined so that the next stage of the process can begin.

Continue Reading ››

 Posted on August 05, 2016 in Divorce

While divorce experts often claim that disagreements regarding money are the most common reasons for a married couple to seek a divorce, few things can degrade a relationship as quickly as infidelity. In many cases, of course, cheating is a symptom of much deeper issues in the relationship, but the irreversible act is often what causes the most heartbreak and feelings of betrayal. These emotions can quickly lead to a breakdown of the marital relationship, pushing a couple down the path toward an eventual divorce.

A cheating spouse will normally take steps to conceal their behavior, but there will often be warning signs. If you suspect that your spouse may be having an affair, you may want to look for:

• A renewed interest in his or her hygiene and personal appearance: Has your spouse suddenly started exercising again after years of relative inactivity? Maybe he has changed the way he wears his facial hair without asking for your opinion. Perhaps she has started wearing “going-out” makeup more often than usual. Unexplained focus on personal appearance could be sign that there is someone new he or she is looking to impress;

Continue Reading ››

 Posted on July 27, 2016 in Collaborative Law

For most people, the word divorce brings to mind images of a husband and wife waging war against each other, fighting over who will get custody of the children, the house, and even the family dog. Divorce, however, does not always have to be so acrimonious, as many couples who decided to go the route of collaborative law instead of traditional litigation have found.

In collaborative law, a couple will work together to mutually decide how all issues will be settled within the parameters of a dispute resolution process. The couple, along with a team of professionals, have complete control over how their marriage will end and all of the inherent considerations. They make the final decisions regarding child custody (parental responsibilities), asset and property divisions, and whatever other issues each individual couple may have to settle.

Reestablishing Important Skills

Continue Reading ››

 Posted on July 22, 2016 in Child Custody

When you are involved in a dispute regarding parental responsibilities or parenting time, it can difficult for the court to determine an ideal resolution. While judges and attorneys are well-versed in the law, they may not have such a clear picture of your family’s unique situation. The documents and evidence that you and the other parent present during the proceedings can provide a glimpse into your life, but are often not enough, especially if one or both of you are not being totally honest. In such cases, the court may order a professional evaluator to review your family’s circumstances.

What Will an Evaluator Do?

An appointed custody evaluator may be utilized to help the court develop an understanding of how each of you is equipped to provide for your child. The evaluator may visit interview each parent and the child, visit each parent’s home, and gather information that will help the court in making a decision regarding the child’s best interests. He or she is required by law to prepare a comprehensive report documenting the data collected as well as his or her conclusions and recommendations about how the court should decide.

Continue Reading ››

 Posted on July 15, 2016 in Divorce

We all have second thoughts about tough decisions. In fact, that is exactly what makes them tough decisions. The decision to end your marriage is probably the most difficult one you have ever had to or will have to make. Despite advertisements and promises to make your divorce easy, the reality is that divorce is a major life change that alter a person and a family forever. If you are considering taking steps in that direction, it is absolutely crucial that you give yourself time and space to consider all of your available options before making any final decisions.

What the Law Says

It is often said that half of all American marriages today will end in divorce. While there are many reasons to believe that this number is exaggerated, there is little question that divorce is common. The law in Illinois, however, seems to take the process much more seriously than the general public. The Illinois Marriage and Dissolution of Marriage Act does not promise to dissolve a marriage just because one spouse requests it. Instead, a divorce can only be granted if a court finds that irreconcilable differences have caused the marriage to break down and that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family. This means that you and your spouse are expected to do everything you can to save your marriage before you ask the court for a divorce.

Continue Reading ››

 Posted on July 08, 2016 in Child Custody

When a couple with children breaks up or gets divorced, it is often the children who get caught in the middle. Along with the other considerations inherent to the proceedings, the divorcing parents are faced with deciding how to divide parental responsibilities and parenting time. This concept used to be known as child custody in Illinois, but changes to the law have updated the language being used by the courts. Regardless of what it may be called, determining who will be responsible for your child and where he or she will live are serious concerns with many factors to be considered. Some people may be surprised to learn that the child’s wishes are, by law, expected to be part of the equation.

What the Law Says

According to the Illinois Marriage and Dissolution of Marriage Act, a child does have some say in how parental responsibilities and parenting time are allocated by the courts. The court, however, will not base its decision solely on the child’s wishes; they are a part of the bigger picture. Other factors, as one might expect, include each parent’s ability and willingness to provide for the child, allegations or history of abuse, and the relationship each parent has with the child.

Continue Reading ››

 Posted on July 06, 2016 in Child Support

As a new class of graduating high school seniors prepares for the road ahead, many will be headed to college for the first time this fall. While post-high school education certainly offers a great deal of opportunity for a young mind, the ever-increasing price tag associated with it is a source of serious concern. A large number of parents have both the desire and financial ability to help their child pay for college. But what about those cannot or will not contribute to their child’s college expenses? Can a court force such parents to help? It may come as a surprise to learn the answer depends on whether the parents are married or divorced, along with several other factors.

Rising Costs of College

According to recent surveys, a student at an in-state public university can expect to spend, on average, about $24,000 per academic year, while a student a private college could reasonably expend about double that amount. These numbers include not only tuition and fees but also the cost of living, food, and other related college expenses. This means that for a student to graduate with a four-year degree, he or she will incur up to $200,000 or more in educational costs. While loans and programs are available to many students, beginning a professional life up to a quarter of million dollars in debt does not sound like anyone’s ideal situation.

Continue Reading ››