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A study has found that high levels of Facebook use are associated with poorer relationship outcomes. Hence, it is not surprising that social media has become part of many family law cases. Therefore, it is important that you are mindful about what you post on social media, especially if you are in the middle of or preparing for a divorce or custody case.
Even if you do not have a family law case on the horizon, however, you should always be aware of what you are posting and the ways it may be used in litigation—it is impossible to truly delete content after it has been on the Internet.
There are common ways that social media is used to influence cases. Yet, as new precedents are being set all the time related to technology and applications, caution when posting is always warranted.
Evidence of Conduct
Think twice before you post pictures of parties or vacations, as those pictures can tell the other side information that you do not want them to know. Even benign pictures in the hands of a skilled attorney can convince a judge of things that you may not want him or her to believe. For example, a picture of you at a party with a drink in your hand can be used as evidence that you have a drinking problem.
Illinois family law introduced many changes in the beginning of 2016. One of these is a move away from the terminology of “custody” and “visitation” towards the concept of “parenting time.” This is a change in terminology; however, it also asserts the fact that both parents are important parts of the parenting process, though the time that each is allocated may be different. No matter what it is called, going from the care of one parent to another can be stressful for children. However, there are some ways to make parenting time transitions easier for everyone.
Dedicated Transition Time
One psychotherapist recommends that parents spend some fun and distracting “transition time” with younger kids when they are going from one parent to the other. This time can be spent playing, having snacks, singing, or performing other fun activities to help both the child and the parent move towards getting comfortable with the current parenting time situation. Right after picking up a child from the other parent’s house is not the time to engage in a high stress activity.
Before the Affordable Care Act, also known as “Obamacare”, came into effect, many couples would put off divorce because employer provided health insurance would no longer cover one of the spouses. One study found that before the Affordable Care Act was enacted, about 65,000 women would lose health insurance coverage after a divorce each year.
Now, many people are able to access health care even after a divorce when their spouse’s employer provided coverage during the marriage. In Illinois, like many other states, a state marketplace provides Affordable Care Act coverage.
Preexisting Conditions
One of the biggest changes that the Affordable Care Act made to health care even affects those who have employer provided coverage, and that is mandating insurance companies to cover preexisting conditions. In the past couples may have been worried about getting new coverage after divorce when one part of the couple developed a health condition during the marriage. Now that people can access new coverage for long standing conditions, couples can make the decisions that work for them without having to worry about illnesses going untreated due to lack of coverage.
If you are planning on getting married, you will need to obtain a marriage license in order for it to be legally recognized. Different states have different laws and rules regarding who, how, and when marriage licenses can be obtained and signed. It is important to fully understand some of the rules in DuPage County, Illinois regarding getting married. Before you get married you may also want to talk to an attorney about how marriage will impact your rights and obligations.
Where?
To get a marriage license in DuPage County, both of the future spouses must appear at the County Clerk’s office. The DuPage County Clerk’s office is located at 421 North County Farm Road, in Wheaton. The clerk’s office is open from 8-4:30 Monday through Friday. If you get your license in DuPage County then you must be married there. You cannot use this license to get married in other locations. If you do plan to get married somewhere else you will need to find out the marriage license laws of that locale.
The relationship between grandparents and grandchildren can be mutually beneficial and rewarding. However, sometimes family relationships can be complicated and grandparents can be left out in the cold and are unable to visit their grandchildren. Conversely, there may also be times where a parent does not want their child to be around a grandparent who is seeking visitation.
What Rights Do Parents Have?
Parents have extensive rights when it comes to decisions made for or on behalf of their kids. It is up to each parent to decide the parameters of the relationship between his or her parents and the child, and generally the courts do not want to interfere with that relationship.
The courts assume that a parent will protect the rights of their own parents to see the child. Grandparent’s rights cases come up when one of the parents is deceased, disabled, incarcerated, or otherwise unable to assert his or her rights. For example, if there are two parents and the father dies, grandparents’ rights become relevant if the mother denies visitation to the grandparent/set of grandparents who are parents of the deceased father.
Most people have heard of prenuptial agreements—legal documents that a couple draws up before the wedding regarding division of assets in the case of divorce. What many people do not know is that there are also postnuptial agreements. These are similar to prenuptial agreements except they are drafted and signed after the couple is married. Postnuptial agreements are governed by the Illinois Marriage and Dissolution of Marriage Act.
Why Would I Want a Postnuptial Agreement?
Couples have several different reasons for deciding to enter into a postnup. Some couples decide to draft a post-nup when they are going through a rocky time in their marriage and want to figure out property division beforehand to get a sense of what divorce might look like. Other couples may agree that a postnup is the way to go if one of them wants to try a new business venture. Finally, some may regret not signing a prenup and therefore choose a postnup as plan B. Whatever the reason, it is important to make sure you go into the postnup with your eyes open so that you understand the legal consequences of signing one.
Divorce is a complex emotional and financial event. This is true for couples regardless of their financial status. Wealthy couples with high assets will face a unique set of challenges and stress during their divorce. You and your spouse will need to work through the emotions of a divorce and defend the financial assets you have built. You will also have the difficult task of sorting through your stocks, property, IRAs and 401k accounts. Additionally, in many cases, you will need to investigate your spouse's finances to ensure that you have identified all available assets to divide in the divorce. In many high asset divorces, property division can become the central issue.
Protect Assets with a Prenuptial Agreement
While prenuptial agreements are not just for the wealthy, it is probably a good idea for wealthy couples to consider drafting such a contract. Under Illinois law, couples can use a prenuptial agreement to make decisions about their assets and other issues that may arise in a divorce. Issues that you can incorporate in your prenuptial include:
After a divorce you may soon find that you would like to move. The reason for the move could be to advance your career or to simply restart your life after the divorce. Making the decision to relocate can become complex if there are children involved—the court requires custodial parents to seek approval for a move.
Recent changes to Illinois family law have attempted to simplify relocation rules and allow parents to relocate without seeking court approval. If you are considering a relocation, then you should understand how these new laws may or may not impact your relocation.
Moves Between 25 and 50 Miles
The idea of seeking approval for every move may seem daunting. However, there is no need to worry. The relocation law does not apply to every move you may want to make. Whether the law applies depends on the child's primary residence and where you may want to move.
Late-in-life divorces, often referred to as “gray” or “silver” divorces, are becoming more common in the United States. While these divorces are more common and acceptable, many senior Americans do not realize the impact that divorcing or remarrying may have on their retirement and Social Security benefits. It is an important issue since Social Security is the primary source of income for many senior Americans. Understanding the impact divorce may have on your retirement future can help you navigate your divorce and avoid making costly errors.
Divorce May Impact Your Social Security Benefits
The impact of your divorce on Social Security depends on how long you were married to your spouse and whether you decide to remarry.
When a couple finally decides to divorce, one spouse may be anxious to start the divorce and move on with his or her life. In the spouse's haste to start moving on he or she may move out and not provide his or her soon-to-be former spouse information about their new address. He or she may do this and not realize that Illinois law requires each spouse to provide legal notice about the divorce. This may be frustrating for the spouse who has not moved, and may be additionally concerned that he or she will need to put his or her divorce on hold.
How Do I Notify My Spouse About Our Divorce?
In most divorces, the spouse seeking the divorce will need to provide his or her spouse with a copy of the divorce petition and any support documents. These documents must be served, or delivered, to the non-filing spouse. Service is usually completed by a local sheriff or a private process server. Most likely, you will need to pay a fee to the process server before he or she will serve your spouse. Once the fee is paid and your spouse has been served, your spouse will have a certain amount of time to respond to your divorce petition.
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