Posted on November 21, 2016 in Divorce

Are you the type of person who is quick to share photos and experiences with your friends and followers on Facebook or Instagram? Social media networks like these can certainly be fun and help keep distant family members up to date with each other’s lives. When you are in the midst of a divorce, however, social media can be an unexpected source of danger. It is important to keep a few things in mind if you intend to stay on social media as your marriage is coming to an end.

Image Can Be Everything

Part of the reason that social media sites are so attractive for users is that they allow a person to present a carefully managed version of themselves to their friends and followers. Very few users post embarrassing photos or stories about themselves; instead, they focus on the high points. The problem with social media as it relates to divorce, however, is the lack of context.

Consider, for example, a very realistic scenario: for the last two years, you and your best friend have been putting a few dollars aside every week so that you could take a vacation together. You found amazing deals on travel and hotels, managing to book the trip of a lifetime for a very reasonable price. In the weeks before your flight leaves, your spouse files for a divorce, and, in your response, you ask the court to consider awarding you spousal maintenance payments. You decide to take the trip as planned, and you and your friend post several photos of each other sipping tropical drinks on a Caribbean beach. In reality, the trip meant very little in terms of your overall financial situation, but without context, your spouse could point to your social media posts as an indication that you are not struggling for money and that maintenance is not necessary.

Continue Reading ››

 Posted on November 17, 2016 in Child Custody

Divorced and unmarried parents often face a number of important decisions when determining how to structure parenting arrangements for their children. You may be aware that recent changes to the law in Illinois have increased focus on cooperative parenting agreements and joint parenting plans. While cooperative parenting is great in theory, the reality is often much different. In many cases, it may still be appropriate for one parent to pursue sole responsibility for important decision-making, the amended version of what was once called sole custody.

New Terminology, Similar Responsibilities

For many years, the state of Illinois recognized two distinct types of arrangement for child custody: sole custody and joint custody. Each referred to the concept of legal custody, meaning the authority to make decisions regarding a child’s life and upbringing. A parent with sole custody was responsible for making all important decisions, while parents with joint custody would need to make such decisions together.

Continue Reading ››

 Posted on November 14, 2016 in Cohabitation

Across the country, more and more couples are delaying marriage in favor of cohabitation arrangements. Rather than tying the knot in a formal ceremony, couples are moving in together and sharing a household. While there is some indication that this social evolution is actually decreasing the divorce rate in certain demographic groups, there are certain dangers that could impact a cohabitating couple regarding property rights and other considerations. For one Cook County couple, the dangers went unrecognized for many years, arising only once the couple got married and, subsequently, divorced.

In re Marriage of Allen

Following a marriage that lasted only seven months, a couple in Cook County cross-petitioned for divorce citing irreconcilable differences. Just as the divorce was about to go to trial, the wife filed a motion for the trial court to consider the previous 13 years of cohabitation as, essentially, part of the marriage. As the basis of her argument, the wife pointed to an Illinois Supreme Court ruling in Blumenthal v. Brewer allowing certain common-law relief for a party in a same-sex relationship prior to the law that allowed same-sex couples to marry in Illinois. The wife in Allen asked for similar common law considerations, including a portion of the property her partner had acquired during their cohabitation but before their marriage.

Continue Reading ››

 Posted on November 10, 2016 in Alimony / Maintenance

If you have spent the last several years as a stay-at-home parent but are now facing an impending divorce, you may be wondering how your life is going to change. By their very nature, stay-at-home moms and dads rely on their partners to provide for the family financially, leaving them at a potentially serious disadvantage following a divorce. Fortunately, there are options available for stay-at-home parents to help alleviate the financial impact of a divorce, and a qualified family lawyer can help you explore them all.

Spousal Maintenance

One of the primary tools that the court may use to help a stay-at-home parent in divorce is maintenance, also known known as alimony. Under Illinois law, maintenance may be ordered following the end of a marriage if the court finds that there is a legitimate need by one spouse. There are many factors that the court must take into account when making a determination regarding spousal support, and your status as a stay-at-home parent is not sufficient by itself to force the court to order maintenance payments.

Continue Reading ››

 Posted on November 07, 2016 in Family Law

When a couple gets married, it is not at all uncommon for a spouse—usually a woman, but not always—to take her partner’s last name as a symbol of their union. Some partners choose to hyphenate their surnames so as to keep their own identity while adding their spouse’s name to theirs. When a marriage comes to an end, it is relatively easy—and usually part of the standard divorce paperwork—for a spouse who changed her name to change it back during the proceedings. But, what about the children of a divorcing couple? It turns out that changing the name of a minor child in Illinois may be more complicated than most people realize.

What the Law Says

While most of the legal details surrounding marriage and divorce are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), name changes are typically made in accordance with the Illinois Code of Civil Procedure (735 ILCS 5). The statute provides that a name change for a minor child is possible if the court finds "by clear and convincing evidence that the change is necessary to serve the best interest of the child." A separate provision in the Illinois Parentage Act of 2015 (750 ILCS 46) allows for a child’s name to be changed if both parents agree, though this law is typically utilized in cases of unmarried parents or when parentage is in question.

Continue Reading ››

 Posted on November 03, 2016 in Domestic Violence

Most couples discuss whether they want to have children and a tentative timeline for doing so before they marry. Sometimes, these plans and timelines change after the couple marries, causing one or both partners to be disappointed by the other's new perspective. This can lead to arguments, resentment, and in many cases, divorce.

In some cases, it leads to reproductive coercion. This is an act or threat of violence against one's partner for failing to comply with one's sexual or reproductive desires. What many individuals do not realize is that reproductive coercion is a form of sexual abuse, which is a form of domestic violence.

Examples of Reproductive Coercion

All domestic violence stems from the desire to control one's partner and his or her actions. Reproductive coercion is no different. Examples of reproductive coercion include:

• Tampering with an individual's birth control. This can include microwaving birth control pills, poking holes in condoms, or otherwise intentionally causing birth control to fail;

Continue Reading ››

 Posted on October 31, 2016 in Domestic Violence

In many marriages, one partner is the breadwinner, meaning that he or she earns the bulk of the household's money. It is not uncommon for the breadwinner to also have the majority of the control over the household's finances, often because this position allows him or her to make purchasing and investment decisions more accurately. But sometimes, a breadwinner can use his or her position to abuse a partner, creating a dynamic where the partner is completely dependent on him or her. This is known as financial abuse and it is a form of domestic violence.

Financial abuse is discussed less frequently than other types of domestic violence because it can be harder to recognize. Like other forms of domestic violence, financial abuse is a way to control one's partner. A financially abusive relationship might appear to be harmonious from the outside, but it is not healthy.

Examples of Financial Abuse

Continue Reading ››

 Posted on October 27, 2016 in Family Law

When a disabled worker becomes eligible to receive Social Security Disability Insurance (SSDI) coverage, he or she also becomes eligible to receive benefits to cover the cost of caring for his or her dependents. These dependents can include his or her spouse as well as his or her children, both minor and adult. The qualifications to receive SSDI coverage for an adult child are different from those to receive SSDI coverage for a minor child. If you are an SSDI recipient or a current or former spouse of an SSDI recipient with a dependent adult child, you may be able to receive benefits to cover his or her needs. If you are a divorced parent of such an adult child, work with an experienced family lawyer to ensure that your child receives the coverage he or she needs.

What Qualifies an Adult Child for SSDI Coverage Through a Parent?

If your child is 18 or 19 years old, not married, and a full-time student, he or she can receive SSDI benefits under the same qualifications that a minor child can receive them.

Continue Reading ››

 Posted on October 24, 2016 in Property Division

Depending on the position you hold, you might have a pension plan. A pension is a fund that a working individual contributes to during his career, which is then invested by the manager of the pension in an effort to have the fund earn money. The intent is to put the worker in a position to retire comfortably. When the worker retires, he or she receives a monthly payment from his or her pension. Many Americans rely on multiple retirement accounts, which can include IRAs, 401(k)s, 403(b)s, and health savings accounts as well as pensions to save money for retirement. In a divorce, retirement accounts are treated the same way as all other assets – subject to division according to the doctrine of equitable distribution. This is true even if you opened your retirement accounts before you were married because you continued to contribute to them during the marriage.

Your accounts may be divided into “marital property” and “singly-held property” portions by determining how much money they contained before you were married to determine how much money may be considered to be part of your marital estate. Before you enter the property division process, talk to your lawyer about how your pension will be valued so it can be distributed in an equitable manner.

Continue Reading ››

 Posted on October 20, 2016 in Domestic Violence

Domestic violence is a problem that continues to affect countless families throughout Illinois and across the country. At our law firm, we are proud to help those whose lives have been impacted by such abuse and stand united with those who are working to reduce and eliminate domestic violence from our communities. It is with this in mind that we remind our friends and neighbors that while October is Domestic Violence Awareness Month, we can all do our part every day to provide care and support for abuse victims.

How It All Started

The history of Domestic Violence Awareness Month (DVAM) traces back to October of 1981 when the length of observance was not for the whole month, but only for a day. DVAM evolved from the “Day of Unity” that was founded by the National Coalition Against Domestic Violence.

On this day, those who took part had the intentions of working together to end violence against women and their children. Soon after, more and more people became aware of the Day of Unity and it quickly evolved into an entire week filled with events mourning the loss of those who have died from domestic violence, celebrating survivors, and bringing together communities to help end domestic violence.

Continue Reading ››