Posted on December 13, 2013 in Main

Facebook now boasts over one billion users worldwide, and Twitter hosts more than 50 million tweets per day. In an age where so much information is shared online, and with so many potential ramifications because of that outpouring of information, it is of the utmost importance to maintain some privacy if you are considering filing for divorce.

Information that you or your spouse post on Facebook, Twitter, or other social networking websites may be discoverable and used as evidence in divorce proceedings. Because of the sheer volume of information we've started to share online, the amount of information that can be used against you or your spouse is potentially quite vast. This can include information or documentation relating to drug or alcohol use, romantic involvements, information on new partners, negative comments about a spouse, money and other assets spent on affairs, documentation of how assets are being used, and even potential evidence of hidden assets. All of this information can have a significant impact on a divorce case. In a study from the American Academy of Matrimonial Lawyers, the organization found that 80 percent of surveyed lawyers used Facebook data in preparing divorce cases, and 66 percent considered Facebook the most important source of evidence in divorce cases.

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 Posted on December 05, 2013 in Main

Family law practitioners often encounter couples who have been living separately for quite some time without either party having started the process of filing for divorce. These long-term informal separations can last for years, but not only do they have no legal basis (only a formal legal separation is recognized in Illinois), they can also have serious financial implications for the parties. While living separately without going through the formal divorce process may seem like a good idea at the time, and may be the “easiest” route for a couple and their family, these long-term separations can have disastrous financial effects. In determining whether to take the plunge and begin the divorce process, it is important to keep in mind the following:

1) Control over marital assets.

If you are living apart from your spouse, you may not have control over some of the marital assets or debt. For example, you may not know what your spouse is earning, how money is being spent or invested, or what debts are being incurred by that spouse. Furthermore, Illinois is an equitable distribution state. This means that the marital assets and debts are equitably (i.e. “fairly”) distributed between the parties, without regard to marital misconduct. Courts consider a wide range of factors when distributing debt. Hence, if you have any joint debt with your spouse, you could potentially be held liable for any additional debt accumulated during your separation. You also may not have any control over the use of marital assets and any decrease in value of these assets, which may affect your property distribution when you finally do divorce.

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 Posted on November 18, 2013 in Main

For many companies, autumn marks the open enrollment period for employment-provided benefits. According to USA Today, “open enrollment is typically a period of several weeks during which you can opt into your company's benefits programs, from health insurance to a retirement plan.” Enrollment periods also apply to changing any benefits you currently receive. Knowing what benefits you're eligible for and wish to enroll in or change, both for yourself, your spouse, and your family, is important, especially if you have to make a decision by a certain deadline, as with open enrollment. This process is all the more complicated if you're going through, or think you might soon be going through, a divorce.

For those who are going through a divorce, separating one spouse from the other's benefit program can be one of the most painful and expensive aspects of the whole divorce process. It also tends to be more difficult for women, who are less likely to work outside of the home and are more likely to be enrolled in their husband's employer-provided benefits. Staying on an ex-spouse's health insurance plan after divorce is not an option. However, with many employer's provided plans, an ex-spouse has a certain period of time in which he or she can opt to enroll in a similar plan on their own. State and federal law dictates which employer provided plans are subject to this option and when the enrollment must take place. In addition, minor children can always stay on an employee's benefit program, regardless of a divorce or who is awarded custody.

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 Posted on October 10, 2013 in Main

A recently publicized news story involving the interplay of immigration laws and divorce has the legal community anxiously awaiting a verdict. At issue in the case, out of southern Texas, is whether a former husband can be legally responsible for paying maintenance (alimony) to his former wife based not on divorce law but on a rarely-enforced immigration provision.

The parties in the case were married in 2003; the wife was a citizen of Mexico. In order for her to obtain a green card to stay in America, her then-fiancé signed a document in which he agreed to financially support his soon-to-be wife at 125% above the poverty level (currently, the poverty level for a single person is approximately $11,500.00 annually). The document, known as an I-864 Affidavit of Support, is theoretically a contract between the person who signs it, the spouse, and the United States Government. The purpose of the Affidavit is to ensure that the person receiving the green card will not become a public charge—someone who relies on government assistance for support.

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 Posted on October 02, 2013 in Main

From both a financial and an emotional standpoint, divorces are inherently complex. When a divorce is paired with a substantial financial portfolio, however, the plot thickens. Headlines regarding high net worth divorces—and the financial consequences for the spouses—are frequent. For example, a recent article on CNN Money reported that the CEO of Best Buy sold stock to help pay for his divorce settlement; CNBC also lists some of the most costly breakups. Unfortunately, however, such costly divorces are not limited to celebrities and multi-millionaires. Whether you are a famous celebrity, a successful business owner, or someone with significant assets for another reason, it is important to understand how to protect yourself in the event of a divorce.

What to do Before Marriage

Preparing a prenuptial agreement is a great way to protect assets before a couple even gets married. Also known as a premarital agreement, this written contract becomes effective once a couple is married and may address topics such as:

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 Posted on August 20, 2013 in Main

Often in family law matters, including divorce, mediation can be a viable method for resolving disputes in a mutually-agreeable manner. The mediation process, governed in Illinois by the Uniform Mediation Act and by various local court rules, has a sole purpose – to provide a forum for reaching voluntary agreements between parties without resorting to contested litigation. According to DuPage County local rules, mediation is “an informal and non-adversarial process. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring settlement alternatives and reaching an agreement.” When family law matters do arise, mediation can be the basis for creating a comprehensive agreement to help families move forward in the best possible direction.

Generally speaking, a mediator works with both parties to discuss the issues and facilitate the creation of solutions and arrangements that are agreeable to both parties. Because the mediator works with both parties, he or she must remain neutral and cannot advocate specifically for one side or the other. Although Illinois does not have a formal certification process for mediators, it is a good idea for parties to select an experienced certified mediator who uses best practices and ethics guidelines in conducting mediation. Having a well-trained, experienced, professional mediator can help parties avoid the difficult and stressful process of litigation and come to a prompt, amicable resolution of issues.

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 Posted on August 02, 2013 in Main

Generally, in Illinois, each party to a lawsuit bears responsibility for his or her own attorney's fees. There are some exceptions to this rule, such as divorce cases. The divorce exception arose from the idea that it is not uncommon for one spouse to lack the financial resources to pay for a divorce, often causing that spouse to stay in a bad marriage because he or she believes they cannot afford an attorney.

Illinois fixes this issue in several ways. Early on in a divorce case a party may file a petition for temporary relief containing a request for spousal support or interim attorney fees. In effect, one spouse is asking the court to order the spouse with better means to help with the cost of an attorney while the divorce is proceeding. A judge can determine interim attorney's fees shortly after a party files a petition for dissolution, assuming that the parties cannot agree on a solution themselves. A party may also file a petition for contribution to attorney's fees and costs at the conclusion of a divorce proceeding. A court will consider the financial resources of both the parties to the litigation, and if an award of attorney's fees is granted, such an award will be set at a reasonable amount.

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 Posted on July 26, 2013 in Main

Studies have shown that couples that argue about money are more likely to get a divorce than couples that argue about sex, according to a new study reported upon in the Daily Mail. The study looked at 4,500 couples over several years and it showed that stress over finances topped the list of predictors of divorce. This is likely because arguments about money tend to be more heated, involve harsh language, and end up being longer—perhaps because of their obvious day-to-day importance. An assistant professor of family studies and human services at Kansas State University told the Daily Mail that, “you can measure people's money arguments when they are first married. It does not matter how long ago it was, but when they were first together and already arguing about money, there is a good chance they are going to have poor relationship satisfaction.”

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 Posted on July 24, 2013 in Main

More people are clicking their way to romance, and a recent survey finds public perception is starting to favor online love connections. A recent article in USA Today reports that more than one third of recent newlyweds met online. The survey, published by Proceedings of the National Academy of Sciences (PNAS), questioned 19,131 participants who were married between 2005 and 2012.

The lead author of the study, John Cacioppo, a University of Chicago psychology professor, is also an advisor to eHarmony, a prominent online dating website. Although the study has some opposition, it is undeniable that the number of people connecting through online dating sites and social media is increasing.

Evidence of the rise in online dating is reflected in Illinois laws. The Internet Dating Safety Act outlines requirements for Internet-based dating services offered to Illinois residents and advocates individual responsibility and safety when using online services.

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 Posted on July 15, 2013 in Main

Trust is the cornerstone of any relationship and without it a relationship has no foundation. A breakdown of trust can be the result of many different situations such as infidelity, addiction, or just outright lying.

Rebuilding trust in a relationship means that changes must be made. Make sure that you and your partner are both clear on the changes that are needed and expected. Set goals that are attainable. Talk about the progress that you are making and check in with your loved one to see how they are feeling about the progress.

Once you have decided to forgive your partner you have to do your part in rebuilding the trust. Do not throw past transgressions in the face of your partner every chance you get. That is not fair to you or your loved one. If you are constantly reminding him or her of what they did wrong and accuse them of doing it again, you are also preventing the restoration of you relationship.

Infidelity does not often have a happy ending. If you find that you simply cannot salvage your marriage and you are considering divorce, contact one of Mirabella, Kincaid, Frederick & Mirabella, LLC's knowledgeable and dedicated attorneys for an Initial Attorney Meeting.

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