Most Americans in the 21st century spend a significant amount of their daily lives online. If you are used to regularly posting photos or sharing updates about your life on Facebook, Twitter, Instagram, TikTok, or other platforms, it may make sense to also discuss changes in your life, such as divorce. However, doing so can have a number of unexpected consequences. Before sharing information on social media, you will want to understand how this could potentially affect your divorce, and you may also want to take steps to protect your personal information and your privacy.

Social Media Posts That May Play a Role in Divorce Proceedings

It is important to understand that anything that is shared on social media may be public information that could be raised in divorce court. Even private messages or posts that are restricted to people you trust could eventually make their way to your spouse, so you will want to be careful about what you share. Some activities that you may want to avoid include:

• Complaining about your ex - Social media may seem like the perfect forum to vent about the anger, sadness, or other emotions you are feeling during your divorce. However, making inflammatory comments about your spouse could undermine your attempts to negotiate a settlement or reach agreements in divorce-related disputes. While your divorce is ongoing, it is often best to avoid blaming your ex for your divorce, complaining that they are being unreasonable, or stating that you are being treated unfairly during the divorce process.

• Sharing financial information - Since financial issues will be a major concern during your divorce, you will want to avoid making posts that could indicate that you have been untruthful about your income or assets. Even something that may seem harmless, such as a picture in which you are wearing new shoes or a recently-purchased watch, could be used to claim that you have unreported assets or income that should be put toward child support or spousal maintenance. If you make posts that indicate that you have made major expenditures, such as photos of a recent vacation, you may be accused of dissipating marital assets, and this may affect the decisions made during the division of marital property.

• Posts that may call your parental fitness into question - If you are involved in a dispute over the custody of your children, your spouse and their attorney may look for any information that could be used to show that you are unable to provide the care your children need. For example, pictures of you drinking alcohol or using drugs at a party could be used against you, even if they were posted by someone else.

In many cases, it is best to avoid using social media during your divorce or sharing any details of your life while your case is ongoing. If you had shared any computers or devices with your spouse, it may be a good idea to change the passwords on your social media accounts to make sure your ex cannot access your personal information or make posts in your name.

Contact Our Joliet Divorce Lawyers

At the Law Offices of Tedone & Morton, P.C., we can advise you on the best approach to take during your divorce, and we can help you address any issues related to social media, including information that your spouse is attempting to use against you or inflammatory comments or accusations your ex has posted online. To get skilled and experienced legal help, contact our Plainfield divorce attorneys at 815-666-1285 and schedule a free consultation today.

Sources:

https://socialmediaexplorer.com/conversation-report/how-to-behave-on-social-media-during-a-divorce/

https://www.forbes.com/sites/jefflanders/2013/08/20/how-social-media-can-affect-your-divorce/?sh=50642d4735a3

Parents are expected to financially support their children and provide for their needs. When parents are married or living together, they will usually combine their finances to cover all of their household expenses and any other costs involved in raising their children. However, the issue of financial support becomes more complicated when parents get divorced or split up. In these cases, child support orders will need to be established to ensure that both parents will contribute toward their children’s needs. Parents will want to understand what expenses are covered by child support and whether they will need to address any other costs related to raising their children.

Basic Child Support Obligations and Additional Expenses

In family law cases involving the custody of children, child support obligations will be calculated based on the total income earned by both parents. This is known as a “basic child support obligation,” and it is meant to represent the amount that a couple would have spent to cover their children’s needs if they were still married or living together. The total amount of this obligation will be allocated between the parents based on their individual income levels. In cases where parents divide parenting time equally or when children spend near-equal amounts of time in each parent’s home, additional calculations may be performed to ensure that the parents’ financial obligations address the percentage of time children live with each parent.

As the name implies, the basic child support obligation is meant to address children’s daily needs and cover expenses such as groceries, housing, utilities, and clothing. However, there are several other types of expenses that parents will usually need to address, and these expenses may be added to the parents’ child support obligations. These may include:

• Child care - Children may attend daycare while parents are working, or other forms of child care may be used, such as a nanny or babysitter. Any child care costs that are necessary due to a parent’s employment may be divided between the parents.

• Healthcare - Parents will generally be required to ensure that children are covered by health, dental, and vision insurance, and they will usually divide the costs of monthly health insurance premiums needed to maintain this coverage. Parents may also need to divide other medical expenses, including co-pays, medications, orthodontic care, therapy or psychological treatment, and any extraordinary needs for children with physical or mental disabilities.

• Educational expenses - Parents will usually be required to share the costs of school fees, private school tuition, tutoring, and any other expenses related to children’s education.

• Other expenses - Children may participate in activities such as sports, music lessons, dance classes, gymnastics, or scouting, and parents may divide the fees for these activities and the costs of equipment or transportation. Any regular expenses that do not fall into the categories described above may also need to be addressed, and parents may agree on how to share these costs.

Contact Our Will County Child Support Lawyers

During your divorce or child custody case, the Law Offices of Tedone & Morton, P.C. can help you make sure child support will be addressed correctly. We will advise you on what expenses you will need to consider, and we will help you make sure your child support order will fully address your children’s needs. To set up a free consultation, contact our Joliet child support attorneys at 815-666-1285.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

Originally published: July 6, 2016 -- Updated: September 10, 2021

UPDATE: As described below, Illinois law no longer requires a couple to separate before they can complete their divorce. However, many couples choose to separate before or during the divorce process. In some cases, spouses may use a “trial separation” to help them decide whether they should move forward with the dissolution of their marriage. In other cases, one spouse may decide to move out of the family home after filing for divorce. 

Divorcing spouses or those who are pursuing a legal separation should be aware of how a separation may affect their rights and the decisions in their case. A pre-divorce separation may result in complications involving:

• Property division - While all assets owned by a couple must be divided fairly and equitably, a separation may affect decisions related to ownership of property. If one spouse moves out of the family home, the other spouse may be awarded exclusive possession of the home during the divorce, and they may also claim that they should maintain ownership of the home or household items such as furniture.

• Child custody and child support - A parent’s decision to move out may affect decisions about the allocation of parental responsibilities and parenting time. If children will continue to live primarily in the marital home with the other parent, that parent may be awarded primary custody of the children. A non-custodial parent will usually be required to pay child support to the other parent during and after their divorce.

• Spousal support - If a separation will leave one spouse at a financial disadvantage, they may ask that the other spouse pay ongoing financial support to ensure that they will be able to meet their ongoing needs. If a spouse who moves out of the family home earns the majority of the family’s income, they may be ordered to pay spousal support in addition to covering their own living expenses. If a spouse who relies on the income earned by their partner moves out, they may be able to receive financial support to ensure that they will be able to meet their ongoing needs.

If you are considering a legal separation or want to determine how moving out of your home will affect your divorce, our Plainfield family law attorneys can answer your questions and provide you with legal representation. Contact us at 815-666-1285 for a free consultation.

If you have ever filled out an application for a credit card or another purpose, you may have been required to check a box regarding your marital status. While the options nearly always include “single – never married,” “married,” “divorced,” and “widowed,” some go one step further and list an additional choice: “separated.” For many people, this raises questions about how common it is for a couple to be separated, especially those who are likely headed for divorce. Does a couple need to be separated before a divorce will be granted?

Legal Separation and Living Apart

The option of “separated” on an application usually refers to a legal disposition for the purposes of either financial responsibility or demographic tracking. Legal separation is much more complicated than one spouse moving out and both parties telling people that they have separated. In fact, legal separation typically involves most of the elements of a divorce, except that the marriage is still legally intact. While many couples who are legally separated eventually get divorced, very few who get divorced are ever legally separated.

The more casual understanding of separation, however, is a different story. Most couples go through some type of separation period prior to divorce. One spouse may find an apartment or move back in with his or her parents while the couple decides whether to permanently end the marriage or not.

Requirements in Illinois

The Illinois Marriage and Dissolution of Marriage Act was recently updated to eliminate the mandatory period of separation that was once required for a no-fault divorce. Before January 1, 2016, a couple divorcing on the grounds of irreconcilable differences was required to live separate and apart for at least two years before their divorce would be granted. The separation could be reduced by agreement of the spouses, but could never be less than six months.

Today, however, there is no longer any mandatory separation period. The amended law does reference a period of separation, but only in cases where both spouses are not in agreement regarding the divorce. In those situations, a six-month separation will be accepted by the court as definitive proof of irreconcilable differences, and the divorce may proceed.

Guidance for Your Divorce

When you are considering a divorce, it is very important that you have all of the information necessary to make an informed decision. Contact an experienced Will County family law attorney today to discuss your situation and get the answers you need to whatever questions you may have. Call 815-666-1285 or 815-733-5350 for a free, no-obligation consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0

During the divorce process, spouses will need to make many different decisions about how to handle financial issues. Many of these issues will involve the division of marital property, and spouses may be required to make sacrifices or adjustments as they determine how to ensure that they will have the financial resources needed to support themselves after their divorce is complete. Ownership of a couple’s marital home is one issue that can sometimes be difficult to resolve, especially when both spouses have an emotional connection to the home or when parents want their children to continue living in the same community. By understanding their options, spouses can make decisions that will benefit them moving forward and ensure that they will be able to maintain financial success.

Options When Addressing Real Estate Ownership

In many cases, selling the marital home during the divorce process is the best option for a couple. This will avoid any disputes about who will get to live in the home that a couple once shared, and the profits earned from the sale of the home can be divided between the spouses, providing them with financial resources that will help them establish their own individual living arrangements. However, when selling a home, spouses will want to be aware of any capital gains taxes that may apply, as well as any other issues that may result in financial losses.

If one spouse wishes to continue living in the home, they will usually need to determine how they will be able to “buy out” the other spouse’s share of the home’s equity. The other spouse may receive a larger share of other marital assets, or a monetary payment may be arranged, either as a lump sum or an ongoing payment plan. The home will need to be refinanced with one spouse as the sole borrower, and the other spouse will need to be removed from the home’s title and deed. While owning the home may be preferable for one spouse, they will need to be sure they will be able to afford ongoing mortgage payments, as well as other expenses, including utilities, maintenance, insurance, and property taxes.

In some cases, spouses may agree to co-own a home for a certain period of time after getting divorced. This option may be preferred if a couple wishes to ensure that their children can continue living in the home until they graduate from high school. Parents may also use a “birdnesting” arrangement in which each parent will stay in the home with their children during their parenting time. When co-owning a home, spouses should be sure to understand who is responsible for paying certain expenses, who will be able to claim mortgage interest tax deductions, and when the home will eventually be sold.

Contact Our Joliet Marital Property Division Lawyers

At the Law Offices of Tedone & Morton, P.C., we can advise you of your rights and options regarding your marital home during your divorce. We will provide you with representation during the divorce process, working with you to negotiate a settlement that will provide you with financial security as you move forward with your life. Contact our Will County divorce attorneys by calling 815-666-1285 to schedule a free consultation. 

Sources:

https://www.zillow.com/sellers-guide/divorce-selling-house/

https://money.usnews.com/money/personal-finance/family-finance/articles/2017-10-11/divorcing-should-you-divorce-your-home-too

https://www.kiplinger.com/article/retirement/t065-c032-s014-keeping-the-house-post-divorce-now-more-affordable.html

Parents and children are likely to experience changes in their lives in the years after the completion of a divorce. Some of the most significant of these changes involve a parent moving to a new home. When a parent plans to move, they may be unsure about whether this will require changes to the parenting plan that details how they share child custody and parenting time with the other parent. They will also need to understand the legal requirements that they will need to meet to ensure that they are in compliance with the court’s orders. By working with a family law attorney, a parent can make sure they follow the correct procedures, and they can request modifications to their parenting plan to address the changes in their lives. 

Illinois Parental Relocation Cases

A parent’s requirements when planning to move will depend on where they currently live, the distance they are planning to move, and the percentage of parenting time they have with their children. Parents who have the majority of parenting time or who divide parenting time equally with the other parent will need to receive permission from the court if they will be moving a certain distance away from their current home. For parents who currently live in Will County and the surrounding counties in the greater Chicago area, a move to a location that is more than 25 miles away from their current home is considered to be a parental relocation. 

At least 60 days before the date they plan to move, a parent is required to inform the other parent in writing, letting them know the date of the move, the address of the new home, and, if the move will be temporary, the amount of time they will be living at the new location. If there is no disagreement about the move, the other parent may sign the notice, and the notice will be filed in court. After a judge reviews any agreed modifications to the couple’s parenting plan to ensure that they will protect the best interests of the couple’s children, the relocation will be approved.

Parental relocation cases can become more complicated if the other parent objects to the move. These objections may be based on proposed changes to a parenting plan that would reduce a parent’s parenting time or concerns that children will be living farther away from family and friends or will have fewer opportunities to pursue education or participate in activities at the new location. In these situations, the parents will need to attend a court hearing, and a judge will look at multiple issues that may play a role in the case, including the relocating parent’s reasons for moving, the other parent’s reasons for objecting to the move, the children’s wishes, the history and quality of each parent’s relationship with the children, how the move will affect the children’s relationship with extended family members, and the educational opportunities for children at each location. The judge will look to ensure that modifications to a parenting plan will minimize any issues that would negatively affect the children’s relationship with either parent.

Contact Our Will County Parental Relocation Lawyers

Whether you are making plans to move to a new home or need to respond to a request by your ex-spouse to relocate, the Law Offices of Tedone & Morton, P.C. can advise you of your rights and options. We will provide you with representation in court hearings, and we will fight to ensure that your children’s best interests will be protected in the decisions that are made. Contact our Plainfield child custody attorneys at 815-666-1285 to arrange a complimentary consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8675000&SeqEnd=12200000