Posted on November 08,2016 in Divorce

As social media use becoming nearly ubiquitous in this day and age, it is wise for parties going through a divorce or who are subject to a final divorce decree to evaluate their social media use with an eye towards understanding how social media conduct may be viewed by the court. Your experienced family law attorney in DuPage County can discuss with you guidelines for handling social media appropriately.

Avoid Posts That Could Affect Your Divorce or Parenting Case

Refrain from posting anything on social media that could be used against you in your divorce case or parenting dispute. Some of the types of posts that can potentially get parties into trouble throughout the process include:

• Threatening or violent posts;
• Anything suggesting criminal involvement, such as drug use;
• Inappropriate material;

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 Posted on November 03,2016 in Child Custody

Like many aspects of a divorce, your parenting plan arrangement is typically finalized at the time of the divorce, but it can still be subject to modification, should the need arise. Your DuPage County family law attorney can advise you regarding whether a parenting plan modification may be appropriate.

What Types of Parenting Plan Modifications are Available?

Parenting agreements focus on two main types of parenting rights: parenting time and parenting responsibilities, and modifications can be sought for either or both kinds parenting arrangements, including changes to:

• Parenting time: one parent is seeking more time in-person with his or her children;
• Legal parenting and decision-making responsibilities: one parent is seeking increased or equal parenting rights when it comes to having the authority to make important decisions about schooling, medical care, and religion, among other things.

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 Posted on October 27,2016 in Child Custody

Being a teen parent can pose unique challenges, both from a practical and legal standpoint. Whether you are a teenager expecting or parenting a child, or a parent of a minor who is themselves a parent, an experienced family law attorney in the DuPage County area can work with your family to protect the best interests of the minors involved - both parent and child.

Legal Issues That Can Arise Related to Teen Parenthood

Some of the legal issues facing teenage parents stem from being unmarried, since most teens ultimately decide not to marry when expecting a child. Teen parents and their legal guardians should discuss with their family law attorney issues related to:

• Paternity - In Illinois, paternity is not automatically established for an unmarried father, and neither is simply signing the birth certificate enough to create legal fatherhood. Your family law attorney in Illinois can advise you regarding the steps necessary to determine paternity, depending on whether both parents agree about who the father is.

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 Posted on October 25,2016 in Domestic Violence

Domestic violence and abuse are not always as obvious as one might think. In fact, a victim could be in an abusive relationship for a number of years without even being aware of it. Certain domestic violence situations do not occur at the start of the relationship; instead they develop over time. It is important to be mindful of these following warning signs to not only protect yourself, but to keep your family safe as well.

Abuse may take the form of a manipulative or overly controlling partner. If you are worried about such issues in your relationship, look for some of the possible warning signs, including:

Your partner overly romances you. A controlling partner is going to want to make you feel special in order to build your trust quickly. This way, the bond will grow and he or she will be able to persuade you into believing him or her without a second thought. The gifts and abundance of attention may also just be a distraction of the abnormal behavior to which he or she is prone.

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 Posted on October 20,2016 in Uncategorized

Technology has become an integral part of our lives so it should come as no surprise that evidence mined from smartphones, computers, and social applications are being used in divorces and custody battles across the country. But just how frequently is technology being used in family courts? And what does it all mean? Could your text messages, photos, or social media posts lead to potential problems down the road?

Increased Reliance on Digital Data

According to a recent survey of American Academy of Matrimonial Lawyers (AAML), 97 percent of members reported an increase in the submission of technology-based evidence. Phone logs, call histories, internet and browsing histories, and GPS information were all said to have been used by members, but the bulk of evidence came from emails, text messages, and social applications. More specifically, 41 percent of AAML members cited the use of Facebook information, 17 percent reported the mining of Twitter accounts, and 16 percent reported the submission of evidence from Instagram.

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 Posted on October 18,2016 in Child Support

Determining child support during divorce proceedings in Illinois is typically fairly straightforward, since the state has established a formula for child support guidelines. However, for very high-income parents, this formula sometimes turns out not to be the best tool for determining appropriate support.

High-asset and high-income divorces can be much more complex than divorces for more standard-income families, and this goes for determining child support, as well as other matters, like asset-division and spousal support.

If you are a high-income family member going through divorce proceedings, you will want to work with an experienced family law attorney in the DuPage County area who is familiar with when the support guidelines under Illinois law may not be right for high-income families, and how more appropriate child support can be determined.

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 Posted on October 13,2016 in Uncategorized

At the beginning of this year, major updates to the Illinois Marriage and Dissolution of Marriage Act came into effect, and changed the way various issues regarding divorce, child custody, visitation, and other significant issues are handled in Illinois family cases. One such major change is in when parents seeking to relocate with their children should seek permission from an Illinois court before making the move.

Parental Moves

Previously, a parent could relocate or move anywhere within the state without seeking permission from the court, however, the parent was generally restricted from relocating to an out of state location without judicial permission. Therefore, if a parent was moving across the state with his or her child, he or she could arguably have done so making it very difficult for the other parent to challenge the move. If, however, the parent wanted to move a short distance across the border to a neighboring state, he or she had to go to court first and get permission.

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 Posted on October 11,2016 in Divorce

When a couple separates in anticipation of divorce, they may have decided that the separation is the beginning of the end. If the couple agrees that they are ready for divorce, there is a welcome change in the revisions to the Illinois Marriage and Dissolution of Marriage Act that went into effect at the beginning of this year.

Faster Proceedings

Under the old version of the law, a separated couple had to remain separate and apart for two years before filing for divorce. There was an exception that if the couple could agree and sign a waiver, they could file for divorce sooner, as soon as six months after the separation. Under this year’s changes, no period of separation is required before spouses are able to pursue a divorce.

Divorce Grounds

Part of the revision to the law is an elimination of the numerous grounds of divorce that existed and requiring only that the parties claim irreconcilable differences. This change seems to follow the trend in practice in many Illinois divorces where couples routinely agreed to irreconcilable differences instead of going through the trouble of alleging and proving the other grounds. When a couple has been separated for six continuous months before filing for divorce, there is an irrefutable presumption that they have irreconcilable differences sufficient to qualify as grounds for divorce. The presumption would mean that the couple has less to present to the court in terms of evidence to begin the divorce.

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 Posted on October 06,2016 in Divorce

If you are going through divorce proceedings or considering initiating a divorce, you may have questions about how getting divorced in Illinois may affect your tax liability, especially if tax season is nearing. Dealing with taxes in the midst of a divorce can be problematic and fraught with emotion, and the process becomes even more complex when the taxes themselves are complicated.

Going through a divorce is stressful enough, and worrying about how the divorce may affect your taxes should not be something you need to handle alone. No matter what your tax situation looks like, an experienced Illinois divorce attorney in DuPage County can help make sure your rights are protected and that your tax obligations are met.

Common Tax Issues That May Arise During an Illinois Divorce

There are several issues that may affect a person's tax liabilities when he or she is going through a divorce or has recently finalized a divorce. Some of the most common matters that arise include questions about:

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 Posted on October 04,2016 in Child Support

If your child is one of the 11 million kids who attend day care in the U.S., you are likely aware just how costly child care expenses can get. In fact, child care expenses can frequently be a family's largest expense, costing more than rent or a mortgage, utilities, and gas or transportation, and even a year of college tuition at most public colleges, according to Child Care Aware of America, a national nonprofit that promotes affordable and accessible childcare in the U.S.

When parents go through a divorce, the question of who will be footing the bill for day care can be a major concern, especially when a divorce means parents may need to rely on childcare even more than before the marital dissolution. Setting up to separate households can be expensive, and parents may even need to work more hours than they did prior to the divorce.

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