Masters Law Group Named ‘Best Law Firm’ by The US News and World Report

Masters Law Group is proud to announce the firm has been named in Best Law Firms 2021. Regionally ranked in 2 practice areas, the U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process. 

Today, U.S. News & World Report and Best Lawyers in America© issued the 2021 edition of their “Best Law Firms” rankings, and we are pleased to announce that Masters Law Group LLC has been recognized.

The annual rankings are determined after a rigorous evaluation that includes analysis of client and lawyer submissions, peer reviews from leading attorneys, and additional information provided by law firm candidates directly. Data is also collected from Best Lawyers ballots, which can only be completed by attorneys who are currently recognized by Best Lawyers.

We are delighted to once again receive such recognition, which comes only a few months after our attorneys were selected to the 2021 list of the Best Lawyers in America, The Best Lawyers in Family Law and Best Lawyers for Family Law Mediation.

About Masters Law Group

Located in Chicago, Illinois, the firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

About Erin E. Masters

Erin Masters is the principal of Masters Law Group, located in Chicago, Illinois. Masters Law Group concentrates in the area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and Hague Convention/ international child abduction matters.

Ms. Masters received her Juris Doctorate and Certificate in Child and Family Law from Loyola University of Chicago, School of Law, in May of 2004. She was admitted to the Illinois Bar in November 2004 and to the General Bar for the United States District Court for the Northern District of Illinois in 2005 and the United States District Court for the Eastern District of Wisconsin in 2020. Ms. Masters was admitted to the United States Supreme Court in March 2009.

Throughout her career Ms. Masters has represented a variety of clients, both pre-decree and post-decree. Additionally she has prepared Prenuptial Agreements, drafted Marital Settlement Agreements and Final Allocation of Parental Responsibilities Orders, as well as prosecuted and defended Orders of Protection. Ms. Masters has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time.

In addition to representing clients, Ms. Masters is also a court-appointed Child Representative and has experience advocating for children in these high-conflict matters. Further, she has also been appointed by the Circuit Court of Cook County to mediate complex family law cases. Since 2016, Ms. Masters has been named “Rising Star” by Illinois Super Lawyers and has been named as an “Emerging Lawyer” by Leading Lawyers. In 2020, Ms. Masters was named “Super Lawyer” by Illinois Super Lawyers, and now in 2021, She has been recognized by Best Lawyers for her work in Family Law Mediation.

About Anthony G. Joseph

Anthony G. Joseph is an attorney at the firm of Masters Law Group, LLC. Mr. Joseph received his B.A. degree in Global Economic Relations from the University of the Pacific in Stockton, CA.

He obtained both his J.D. degree and Certificate in Trial Advocacy from The John Marshall Law School. He was admitted to the Illinois Bar in November 2010, the Federal General Bar and Trial Bar for the United States District Court for the Northern District of Illinois in 2012 and the United States District Court for the Eastern District of Wisconsin in 2020. Mr. Joseph is an active trial lawyer. Mr. Joseph publishes in the area of civil litigation. Mr. Joseph has also served as an adjunct professor at DePaul University. Mr. Joseph is “AV” Preeminent Rating from Martindale-Hubbell Peer Review, which is the highest peer review rating available and has been named a “Rising Star” by Illinois Super Lawyers in both 2019, 2020 and 2021. He has also been recognized by Best Lawyers for his work in Family Law.

Mr. Joseph concentrates his practice in the area of domestic relations, which includes divorce, allocation of parental responsibilities and child support. Mr. Joseph has also successfully litigated matters concerning modification and enforcement of child support, allocation of parental responsibilities and parenting time as well as prosecuted and defended Orders of Protection. Ms. Joseph has also successfully litigated matters concerning modification and enforcement of child support. Mr. Joseph has also litigated cases in both state court and multiple United States Federal Courts involving The Hague Convention and international child abduction issues.

About Best Lawyers

Best Lawyers is the oldest and most respected peer review publication in the legal profession.

Recognition in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For four decades, their publications have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.

Their lists of outstanding lawyers are compiled by conducting exhaustive peer review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. 

Best Lawyers use a voting system to choose their candidates. If the votes for a lawyer are positive enough for recognition in Best Lawyers, that lawyer must maintain those votes in subsequent polls to remain in each edition. 

Work with the Best

With a long history of awarded recognitions in Family Law (and more to come), Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Schedule a consultation here to speak with an attorney regarding your family law matter today.

MASTERS LAW GROUP CASE REVIEW: HAGUE CONVENTION ON CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION: NEW ZEALAND

In one of our most recent Hague Convention cases, the attorneys at Masters Law Group succeeded in this landmark ruling in favor of our client.

The husband – represented by Masters Law Group –  filed a petition for the return of his child who was taken from his residence in New Zealand to the United States by his wife – the mother of the child. As relevant here, the Hague Convention provides that a parent whose child has been wrongfully removed or retained in the United States may petition for the child’s return to his or her country of habitual residence.

CASE OVERVIEW

On June 18, 2020, Respondent and the child traveled on round-trip tickets from New Zealand to Chicago, via Los Angeles, for a one-month trip. Respondent and the child had tickets to return to New Zealand on July 17, 2020, via Los Angeles, arriving in New Zealand on July 19, 2020 via Air New Zealand. The Petitioner worried and speculated to the Respondent that she might not come back from the United States with their child, despite her denials of leaving permanently. The Respondent did not get on the flights back to New Zealand with their son.

This case arises under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., which implements the Hague Convention on Civil Aspects of International Child Abduction.

The Act entitles a person whose child has been removed from his custody in another country and taken to the United States to petition in federal or state court for the return of the child.

CASE RESULTS

By agreement of the parties and as required by the Convention, the Court Court concludes that the child was a habitual resident of New Zealand at the time of the wrongful retention in the United States, Petitioner had and was exercising custody rights under New Zealand law, and the “grave risk” exception was not established in this case.

Accordingly, the Court finds that the child must be returned to New Zealand, and grants the Petition for return of the child, [dkt. 1].

The Court allowed an approximate one-week time period to avoid any abrupt transition for the child.

READ THE FULL CASE REVIEW HERE.

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HAGUE CONVENTION – INTERNATIONAL CHILD ABDUCTION LAW WITH MASTERS LAW GROUP

Erin Masters and Anthony Joseph have extensive experience in cases involving international child custody disputes in both courts located in the State of Illinois and the United States federal court system.

Erin Masters and Anthony Joseph have extensive knowledge and experience with The Hague Convention on Civil Aspects of International Child Abduction (“The Hague Convention”) that was enacted into law through the International Child Abduction Remedies Act (“ICARA”) which provides that a parent whose child has been wrongfully removed from or retained in the United States may petition for the child’s return to his or her country of habitual residence.

SCHEDULE A CONSULTATION

If you are faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction in the United States, work with the experienced lawyers at Masters Law Group. Contact us here today to schedule a consultation.

 

 

Child Relocation Laws in Illinois

Whether it be for a new career, a remarriage or even the desire to get to a specific school district, moving a child’s primary residence has serious legal complications if not carried out properly. 

Divorces and separations can be emotionally overwhelming. Especially when a child is involved. Disputes regarding child custody (parenting time), child support or even where the child will live can easily arise between parents. Even if these specific issues have been resolved by an Illinois court order, other problems can arise quickly. Here’s a look at the Child Relocation Laws in Illinois and how Masters Law Group can help.

Parental Responsibilities in Illinois

With today’s economy, many parents are discovering that they need to move great distances in order to find work – sometimes across state lines. Before a parent can remove a child from Illinois they must seek approval from the court, even if they are the primary parent.

Currently under Illinois Law, a child is governed by Section 609.2 of the IMDMA (Illinois Marriage and Dissolution of Marriage Act). This IMDMA indicates when a parent is looking to move with their child or children, they must seek court approval, since a parent’s relocation is a substantial change for the child. 

If you move out of state, and the other parent files a parental responsibilities case in Illinois within 6 months, you will probably have to come to Illinois to participate in the case, or you might have to return your child to Illinois. You can move with your child if there is no court case involving your child and:

  • You and the other parent are married or are in a civil union
  • You are the natural mother and the child has lived with you for more than 6 months

Relocation Inside and Outside of Illinois

There are a couple things to note when you’re considering relocating. Relocating in terms of Child Relocation Law, means to move more than 25-50 miles away from the child’s original home if it is in Cook, DuPage, McHenry, Kane, Lake, or Will Counties or if the new home is out of state. 

After you ask the court for permission to relocate, you’ll have a hearing where the court will decide if relocating is in the child’s best interests. The court is going to look at many things, primarily the quality of each parent’s relationship with the child, to the reason why the parents would be relocating. Here are a couple other things the court will consider:

  • Educational opportunities available in each location
  • The arrangements for parental responsibilities
  • Impact on the child, and the wishes of the child

If you are relocating with your child, you must follow these steps. 

  • File a Notice of Relocation, and give a copy to the other parent at least 60 days before your planned relocation. If the other parent agrees and signs your notice, you can file the signed notice with the court and move without going to court any further. 
  • The court will also change your current parenting plan or parental responsibilities order to allow the move. 
  • If the other parent doesn’t agree or doesn’t sign the notice, then you must ask the court for permission to relocate. You would then file a Petition to Relocate.

Summary

It is important to keep your current parenting plan or parental responsibilities up to date so if you do look to relocate, the process of following said steps above are made easier for you and your loved ones. It can unfortunately become complicated and require much interaction between the parents and the court. It’s in your best interests to hire an experienced attorney if you need assistance with Child Relocation Law.

Hiring Child Relocation Legal Help

Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

We represent individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. If you require a review of your current parenting time schedule or parenting plan, contact us here today to schedule a consultation.

Failing to Respond to the Divorce Petition

Whatever “side” took the initiative to begin divorce proceedings, resisting spouses can make the divorce process very difficult by refusing to sign the necessary divorce papers. Or even completely failing to respond altogether. Read on to learn how the process works on both sides and what happens if a spouse does not respond to divorce papers. 

Making the decision to end a divorce can be difficult and can be hard to navigate since there are many steps taken in order to finalize a divorce. A divorce process begins with one spouse filing a petition with the court. In Illinois, you are required to complete a number of documents, such as the Petition for Dissolution of Marriage, Summons, and a few others, that are served to the defendant.

In some cases, an Injunction order or an Application for Temporary Matters are also served. These documents can either be served by a spouse in person to their partner, or through a process server, who is generally the county Sheriff. Here are some steps to help you navigate responding to a divorce petition.

Divorce Summons

After receiving divorce papers, you must file for appearance at the local courthouse. You can do so by visiting the clerk’s office of your county, where your spouse has filed for the Petition of Dissolution of Marriage. You will have to pay a certain fee for Appearance, showing that you acknowledge the papers and will participate in the divorce proceedings.

When a divorce petition is filed with the court, the court will issue a summons to be served with the divorce petition on the opposing party. The summons is a legal document that informs the opposing party that a divorce action has been filed. 

The service of the summons and divorce petition on the opposing party is a key step in the divorce process because it also informs the responding party of the deadline for filing an answer to the divorce petition. This deadline is very important because if the opposing party fails to answer or otherwise respond to the divorce petition, he or she may be barred from participating in the divorce process.

Failing To Respond To The Divorce Petition

The opposing party has 30 days in which to file a response to the divorce petition. The party is not required by law to file an answer or otherwise respond to the allegations contained in the divorce petition unless he or she chooses to do so. However, if the opposing party does not file an answer or other response, the court may assume that the party does not want to participate in the divorce process.

When an opposing party does not file an answer, the petitioning party files a motion for default judgment asking the court to grant him or her the relief sought in the divorce petition. If the court finds the opposing party is in default, the divorce process may continue without any further notice being provided to the defaulted party. In most cases, the court will grant the relief requested by the petitioning spouse in the divorce petition provided the relief sought is not “unconscionable.”

Do Not Ignore A Divorce Summons And Petition

The court may continue the divorce process without further notice to a defaulted party. Never ignore a summons and divorce petition. Even if you consent to the divorce and the relief sought in the petition, you still should have competent, experienced legal counsel to ensure that your rights are protected throughout the court proceedings. Things can change in a divorce proceeding very quickly and you do not want to be caught unaware or without legal representation.

It’s important to take the deadline seriously and make sure you take appropriate actions well before it so that you do not face any problems in the later stages of your divorce. You should make a decision about your legal representation, whether you are going to hire an attorney or go for a do-it-yourself divorce, within the first week. This will give you enough time to prepare and submit the required paperwork at the clerk’s office.

Final Thoughts

Ask your Family Law attorney to provide guidance for revising your financial records and assets. You may have to close joint accounts, and transfer your finances to a personal account, as well as cancel any credit cards that are in your name and your spouse has access to. If you have children, make sure you do not include them in the discord with your spouse. Resist exhibiting any behaviors that can impact the allocation of parental responsibilities, as well as parenting time in the parenting plan.

If you are considering filing for divorce, the first step you should take is to contact our office to schedule a consultation. When you need the assistance of an experienced family court attorney in the greater Chicagoland Area, call Masters Law Group. We are dedicated to providing our clients with exceptional service and support throughout the divorce process. 

Contact our office today to schedule your complimentary consultation.

 

5 Mistakes to Avoid when in Family Court

Family Law disputes can be messy and stressful – and few people act perfectly when under so much pressure. If you want to ensure the best possible outcome of your case, avoiding these types of in-court errors is essential.

Child custody and divorce proceedings are emotional topics for all parties involved. While many people understand and roughly know how a trial works, even with the best preparation you can expect to make some mistakes.

Keep in mind that most of the errors made will be minor and not fatal to your case. Yet, you want to avoid certain actions that will make your case harder to present. Here are the top 5 common mistakes to avoid.

1) Being Late & Dressing Inappropriately 

Being on time and appropriately dressed could seem like a no-brainer to anyone preparing for a hearing in court, but many people don’t understand the importance of being ready and dressed appropriately to proceed when the judge takes the bench.

Even though your character and history with your children should play a more important role than your appearance, appearance does count. Parents who would are in a child custody battle should ensure they have dressed appropriately for all court appearances. If you are male, you don’t need a suit, but slacks and a tie would be favorable.

Examples of appropriate dress for men are:

  • Collared shirt
  • Dark suit
  • Dress shoes
  • Tie

If you are female, dressy-casual is ok. Some examples of appropriate dress for women are:

  • Dark pants or a skirt suit
  • Dark, non-patterned dress
  • Dress shoes/pumps
  • Pants with a long-sleeve shirt

Overall you want to try and avoid short skirts, sleeveless shorts and sneakers. In terms of punctuality, if you are even a few minutes late, it could mean the difference between being heard first or having to wait around until the end of the day to have your issue heard. Depending on how late you are, it could also mean having your case dismissed entirely. Even if you have to get up painfully early to make sure you don’t hit traffic, don’t be late.

2) Not Being Communicative With Your Lawyer

Communication is at the heart of effective representation. More than any other area, ineffective communication can lead to mistakes or misunderstandings that impact a family law attorney’s representation of a client.

One of the best aspects of being proactive in your family law case is feeling like you have some level of control over the situation. If you are proactive with your lawyer, your case is probably going to run that much smoother. Examples of staying proactive include getting your attorney information and paperwork as soon as they ask for it. And if you don’t understand something, call your lawyer for help. That is what your attorney is there for. 

3) Irrational Behavior

Emotions run high when child custody disputes arise. Your former spouse might make you so angry, you find it difficult to remain calm. Displaying a lack of control though angry outbursts, for instance, can be detrimental to your case.

Regardless of how your soon to be ex-spouse behaves, do not criticize him or her in front of your children.  Doing so places your children in a position where they feel they have to choose sides. Remember when you are involved in a custody dispute, all of your actions and your words can be used as evidence against you in the court proceedings.  Your behavior, as well as that of your soon to be ex-spouse, will be observed carefully by the court during the custody dispute.

4) Publishing Information on Social Media

A lot of people live their lives through social media, posting every aspect and detail of day-to-day living including photographs and comments. In Family Court, social media posts can and often are shown to the judge. 

It is probably best to not post on social media at all during a divorce proceeding, especially if there is a custody battle.  Even seemingly harmless posts can cause an unnecessary (and unhelpful) emotional reaction from the other side. If you are involved in domestic relations litigation, you should assume that your social media posts, as well as your texts and emails to the other party, can be viewed by the judge deciding your case.  Additionally, you should discuss any relevant social media activity, text messages, and or emails with your attorney, as it is often compelling evidence.

5) Not Putting the Interest of Your Child First

In terms of safeguarding the child’s best interests, this is the priority of the Family Court. As adults, ex-partners should demonstrate that this is the one shared interest and commitment they have in common. If the courts see evidence that one parent has been speaking ill of the other parent or trying to turn the child against that parent, this will impact very badly on them. This also goes for negative comments about maternal or paternal grandparents or other family members. The child should not be used as a bartering tool in any family dispute, and this includes access and visitation rights.

Again, if the court finds that one parent had been attempting to overshare too much about the family court process with the child, this too can go against them. While it is recognized that separations and family disputes can be sometimes vitriolic between adults, the child must be seen as the number one priority.  

Final Thoughts

Custody disputes are extremely complicated, particularly if they result in litigation.  Meeting with a skilled family law attorney can help you in a number of important ways.

Involving the family law attorneys at Masters Law Group from the beginning of the process will help avoid these common pitfalls as well as giving equable and objective support and guidance for the everyone involved. If you are facing a divorce or child custody dispute, reach out to us here today to schedule a consultation.

 

What Does a Family Law Attorney Cover?

Most people will use the terms “Family Law” and “Divorce Lawyer” interchangeably with each other.  The truth, however, is that Divorce Law is only one aspect of Family Law. 

What is family law and what do family lawyers do? Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Therefore, family law attorneys are legal professionals that specialize in these specific matters. Family lawyers can also act as mediators when family disagreements develop and represent litigants in family conflicts that end up in courts.

Below are some of the things that an experienced and reputable family law attorney can do for you.

Child Custody/Child Support agreements

In the hardest of times when a couple separates, one of the most challenging problems to solve is children.

Court orders and settlement agreements involving both custody and support usually are included in the larger divorce case, but may be revisited as conditions change. For instance, child support may be altered after the non-custodial parent’s financial situation changes.

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Divorce and Divorce Mediation

Undergoing a divorce is probably one of the most draining experiences that a family can face, and divorce cases involving substantial assets or complex estates require specialized knowledge. A good divorce attorney is skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).

Attorneys can also cover divorce mediation. Divorce Mediators work with a couples involved in family break-ups to make arrangements, either to plan for a separation or divorce, or after the split has taken place, without the need for court intervention.

Domestic Violence Protection

Domestic violence is described as abusive behavior when a family or household member uses physical or mental maltreatment toward another family or household member. The IDVA uses the following terms as abuse:

1. Physical abuse
2. Harassment
3. Intimidation of a dependent
4. Interference with personal liberty
5. Willful deprivation
6. Exploitation
7. Stalking

An Order of Protection is a court order made in writing which prohibits, by law, further abusive behavior.

Who are persons considered to be family or household members?
The IDVA defines members to include:

1. A spouse
2. Ex-spouse
3. Girlfriend/boyfriend who have or have had a dating or engagement relationship
4. Parents
5. Children
6. Stepchildren
7. Significant other/partner
8. Persons who share or allege to have a blood relationship through a child
9. Persons who live together or formerly lived together
10. Persons with disabilities and their personal assistants

International Child Abduction (Hague Convention)

Although not a common practice for most family lawyers, some specific attorneys have the knowledge, experience and skills in Hague Convention cases to take on international parental child abduction cases. 

The Hague Convention is a treaty that many countries, including the United States, have joined. Its purpose is to protect children from the harmful effects of international abduction by a parent. Proving claims in international child abduction cases under the Hague Abduction Convention requires analysis and careful development of all evidence and testimony that may support or defeat defenses to claims of wrongful abduction or retention. Therefore, choosing an attorney who has extensive experience in cases involving international child custody disputes is vital.

Reasons to Hire a Family Law Attorney

Now that you know what a family law attorney is, you’re probably wondering how hiring legal representation in your family law case would benefit you. Here are the major benefits that come with hiring a family lawyer.

Legal Protection

How realistic are the claims coming from the other party? Can the other party actually receive what they’re stating they’ll receive? A family law attorney knows the law, as well as the outcomes of past verdicts, and can use that knowledge to help you receive the best possible outcome.

Legal Knowledge

There’s a lot of red tape and substantial paperwork when it comes to family law proceedings. And that’s before it goes to trial. By hiring a family law attorney, you can rest assured the t’s crossed and i’s dotted. Consequently, you will not have to sweat about your case being thrown out as early as possible.

Court Experience

If a case goes to court, experienced attorneys can make sure that their client is prepared for everything that is going to happen when they enter the courtroom room, and will know exactly how to handle any particular situation that arises during the pendency of a family law case. This will keep the judge happy and the proceedings running smoothly and efficiently.

Peace of Mind

Ultimately, one of the best benefits of hiring a family law attorney to represent your interests in a case is the fact that you will be able to trust your legal issues are being duly dealt with. Whenever you have an issue or a family matter that requires legal representation, it’s essential to seek the assistance of a knowledgeable and experienced professional.

Last Words

There are areas of Family Law that involve people who are involved in Civil Unions, Domestic Partnerships, and same-sex relationships.  As a Chicago-based Family Law practice, we can ensure that the appropriate contracts and agreements are in place to help to avoid any issues in the future.

If you are facing a family law issue, contact the family law attorneys at Masters Law Group. Our firm handles family law matters in Cook County and surrounding counties. Masters Law Group concentrates in area of domestic relations, which includes divorce, allocation of parental responsibilities, child support and related family matters.

We offer a wide range of services tailored to our clients’ unique legal needs. Masters Law Group LLC has a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Click here to view our practice areas. And click here to set up a consultation today.

Can Social Media Affect My Family Law Case?

Social media is a popular way to keep in touch and communicate with your loved ones, but it has also become an increasingly useful tactic to collect information for family law hearings. Sites like Facebook, Twitter, and Instagram are now being submitted as evidence in family law cases.

When you are going through a divorce, child custody, or placement battle with your ex, what you post on social media networks could come back to haunt you.

While it is not unusual for character witnesses to be called in family law cases, social sites can sometimes be used in a similar manner. Negative comments, images, offensive posts, and hostile interactions can all be submitted as evidence in custody cases. Partners can much more easily keep tabs on one another – and collect evidence against one another – by using social media.

Social Media Evidence in Hearings

Social media is affecting relationships and being used as ammunition in hearings. Lawyers can effectively use or defend against social media evidence in cases. According to the National Law Review, 

  • 81% of attorneys discover social networking evidence worth presenting in court. 
  • 66% of cases involving divorce employ Facebook as one of their principal evidence sources. 
  • 1/3 of all legal action in divorces cases is precipitated by affairs conducted online.

Not all evidence can be used in a divorce case. For example, an opposing attorney cannot open a fake account to “friend” or “connect” with their client’s spouse to obtain evidence.

Generally, public posts that can be inspected by anyone are fair game and can be submitted as evidence in court. If a “friend” or “connection” on a spouse’s social media account shares a post or text and that secondary post is seen by the spouse’s ex, that too, can typically be legally used as evidence in a divorce case.

What’s Fair Game and What’s Not

It is important to note that you should not delete items from your social media for the purpose of “hiding” bad evidence if you have a reason to believe that litigation may be coming. This may be considered spoliation of evidence. 

In most cases, a spouse’s social media posts are admissible as evidence in the U.S. as long as you don’t obtain them illegally. An example of obtaining evidence illegally would be if your estranged husband or wife created a false account with the purpose of “following” you to collect damning evidence. It’s illegal for your ex to hack your accounts to try to gain evidence.

For many, using social media is second nature. However, it is worth discussing your situation with a family law attorney to determine the best way to deal with any social media evidence that may hurt your case.

Social Media Can Affect Parental Responsibilities and Parenting Time

Divorcing parents often have disagreements about child custody and visitation which is officially called the “allocation of parental responsibilities” and “parenting time“ in Illinois. There are several ways that social media posts can influence child custody matters. 

Imagine a scenario in which a husband and wife each want to have the majority of parenting time with the children. If the wife posts pictures of herself going out to bars several nights of the week when she is allegedly caring for the children, this could call into question her desire and ability to take on a large amount of parental responsibility. 

It is important to remember that even if you have your social media account set to private, there are still many ways that your social media activity could be used against you during divorce proceedings. The best way to avoid negative consequences from social media during divorce may be to simply take a break from social media websites until the divorce is finalized.

Final Thoughts

It is important to be very cautious when using social media during divorce or other family law hearings. Masters Law Group takes social media into account when dealing with family law cases. Each case is uniquely different and the attorneys at Masters Law Group have the experience to help you during difficult times. Learn more and set up a consultation with us here today.

What Should You Include in Your Illinois Parenting Plan?

A parenting plan is a document that says who will make decisions for a child and how those decisions will be made. This often happens in a parental responsibilities case. These plans outline how you and the other parent will continue to care and provide for your children after you separate. 

It’s a good idea for a parenting plan to have a system in place for how disputes should be handled if the situation arises, and a way in which parents can periodically review and make necessary changes to the plan. The plan may also include other provisions or information intended to help both parents understand and abide by the shared responsibilities in raising the child or children.

What to include in your plan:

  • Where the child lives
  • Time the child spends with each parent
  • How each parent gets information and records about the child
  • How the child is to be transported for parenting time

When filing one plan, both parents must sign the plan indicating they agree on all the terms of the document. If parents do not agree, they must file separate plans. The court will look at each detail of both plans to determine what’s in the best interest of the child or children. 

Important things to know about Parenting Plans:

  • Each parent must file a parenting plan within 120 days of asking the court for parental responsibilities;
  • If the parents agree on parental responsibilities, including parenting time, they can file one parenting plan (signed by both parents) within the 120 days. If the parents don’t agree, they must each file their own parenting plans;
  • If neither parent files a parenting plan, the court will hold a hearing to determine the child’s best interests; and
  • The court will look at the parenting plans when it decides who gets parental responsibilities.

Once both plans have been created and shared with the court to examine each parent’s responsibilities, the court can accept the plan and it becomes a Joint Parenting Order. After the Joint Parenting Order is in place, changes cannot be made to it for two years. 

If either parent does not follow the order, they are breaking the law and can be taken to court. The purpose of a court order for parental responsibilities is to protect both parents’ rights when it comes to the care and decision-making responsibilities of the child.

Allocation of Parental Responsibilities

There are three basic types of child allocation of parental responsibilities in Illinois — joint allocation of parental responsibilities, sole allocation of parental responsibilities and shared allocation of parental responsibilities:

Joint allocation of parental responsibilities requires parents to cooperate in decision-making regarding education, health care and religious instruction. It does not mean that the children live with each parent for an equal amount of time. The parties will agree or the court will assign a residential parent. The non-residential parent will pay child support and exercise parenting time. The amount of time the children spends with the non-residential parent is addressed in a parenting time agreement or order.

Sole allocation of parental responsibilities is the term that describes the arrangement that gives one parent the responsibility for deciding everything related to the child’s welfare. It does not mean that the other parent is out of the picture. Parenting Time and parenting time can be the same in a sole allocation of parental responsibilities case as it is in a joint allocation of parental responsibilities case.

Shared allocation of parental responsibilities is a form of joint allocation of parental responsibilities. It is appropriate when the child spends equal time with each parent, the parents reside in the same school district and are able to join parents.

Parenting planning of your child can be a very emotional law topic. It can become complicated and require much interaction between the parents and the court. It’s in your best interests to hire an experienced attorney if you need assistance with parental planning issues.

Hiring Legal Help

Hiring an attorney highly experienced in family law will help you understand your legal options and create a plan for what comes next. Masters Law Group LLC focuses on helping clients assert their rights to further the best interests of their children. We help clients put aside their grief and educate them about their options in child allocation of parental responsibilities.

We represent individuals in both their initial quest to set a parenting time schedule, as well as parents looking to modify a previously determined schedule. If you require a review of your current parenting time schedule or parenting plan, contact us here today to schedule a consultation.

 

5 Signs It’s Time to Consider Divorce

Divorce can be a draining, time consuming process when it comes to legally dissolving one’s marriage with their former spouse. It’s important to recognize warning signs that it may be time to consider the divorce process. In doing so, it will lessen the blow of preparing for this emotional journey.

Signs it’s time to get a divorce can be a confusing, especially when there are children involved. Therefore deciding whether you’re in a failing marriage that’s beyond repair is obviously not a choice that comes easily.

It’s not always as black and white as infidelity or financial problems, and while divorce is no one’s plan in life, these red flags could mean the end of your marriage.

1. Lack of Communication

Communication is a key ingredient to a healthy relationship.  Even when it leads to a disagreement — it is important for spouses to understand how the other is feeling. Some might think that avoidance of conversation to prevent arguments is preferable to fighting with a spouse.

When conversation breaks down completely – and neither of you are willing to put forth the effort to learn about what each other is feeling – is a clear indication that the relationship may no longer be worth the ongoing upset. 

2. Avoiding your Partner

You start to find ways to avoid any interactions with them, and would rather have no contact than negative confrontation. You find yourself wanting to spend more time with friends and family. This can be a sign that things have changed on your end in a big way.

3. Change in Values and Priorities

In good relationships couples value the same things. People can change over periods of time which is completely normal and healthy in a relationship, but what they once used to value no longer matters to them any more.

It could be as small or as big as a partner changing a couple things in their lifestyle which forces a new way of life upon their partner. For example, one partner wants to move somewhere for a job opportunity while the other would rather not. Unless both people can adapt to significant changes like this, it can be a tough one to surpass.

4. Indifference inside and outside the relationship 

If negative thoughts have begun to override the way you see your partner, things may be headed for divorce. Prolonged feelings of indifference toward your spouse is a major sign that something is off within your marriage. When you stop caring about what the other person thinks and feels, you’ve lost the ability to listen and connect—which is not as easy to fix.

5. Lack of Intimacy 

Feeling close to your partner goes far beyond the physicality of the relationship.  The deficiency of emotional intimacy is equally as big of a sign as the more apparent lack of physical intimacy. If you feel like you can’t connect with your spouse on a deeper level—or don’t want to—you’ve lost an important part of the marriage.

It’s always possible to seek out counseling to find out what’s not working. But if you’re past the point of feeling attracted to your partner, divorce may be the next step. 

Final Thoughts

Breaking up a marriage can be one of the hardest things to do — but thinking long term is the best way to go about these types of situations. Divorce can be frightening and overwhelming. But when you break it down into small, manageable steps, like those outlined above, it becomes somewhat “do-able” to leave a relationship that no longer benefits you and your family. 

It could mean setting time aside to sit down and openly talk to your partner about your feelings, going to counseling or maybe even starting the separation process. Living unhappily is not necessary and there is usually a light at the end of every tunnel —if you look hard enough. 

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Illinois Civil Unions

To celebrate the last day of Pride month, Masters Law Group dives into everything you need to know about protections, responsibilities and benefits of Civil Unions in our great state of Illinois.

There are significant victories that have been celebrated over the years when it comes to the legal battle of recognizing same-sex legal relationships. Before civil unions and same-sex marriages were allowed, the state of Illinois offered domestic partnerships in 2005. This allowed partners to receive health insurance and other benefits, but it didn’t include all the benefits one would receive in a civil union.

Civil Unions were created in the state of Illinois in 2011. They were significantly popular as same-sex marriage was not legalized yet. In 2014, same-sex marriage became legal in the state of Illinois. One year later, the U.S. Supreme Court made it legal in all 50 states (Obergefell v. Hodges). As we approach the end of pride month, same-sex couples in the state Illinois have the right to enter the process of forming a Civil Union.

What is a Civil Union?

A civil union is a legal relationship granted by the State of Illinois. Partners who enter civil unions are granted the same protections, responsibilities and benefits that one would normally receive in a marriage. Eligibility for those wanting a civil union include the following:

  1. Must be 18 years of age or older.
  2. Cannot be related – by the half or the whole blood or by adoption; an aunt or uncle and a niece or nephew, whether the relationship is by the half or the whole blood, or by adoption; or between first cousins.
  3. Cannot enter civil unions prior to dissolution of marriage or similar legal relationships.
  4. Individuals who live out of state, as that civil union would not be legal in their home state.

This process consists of applying for an obtaining a civil union is relatively easy. It starts by the couple applying for a certificate of civil union which takes 30 minutes to process. Civil unions can be certified by a person of the clergy or a judge. After you receive your certificate claiming that the civil union has been certified, they must file it to their respected county clerk within 10 days.

One of the only differences between a civil union and a marriage is that partners of a civil union can alter their legal form of commitment to be considered marriage, which requires getting a marriage license. Whereas married spouses cannot change their relationship to a civil union.

Step-Parenting & Civil Unions

One of the current cracks in the Illinois legal code is stepparents’ rights following the end of a civil union. The Act contains only the word “married” and not “joined in a civil union”.  The reason that a partner to a civil union does not have any legal rights available is because, under the current law, partners to a civil union lack standing. Standing is required in order to bring this matter into court. This hole in the legal code can lead to emotional consequences, as partners can be prevented from seeing the child by the biological parent, has no legal remedy. Recent cases brought in Illinois have shown that partners involved in civil union dissolution can face frustrating battles when seeking to remain a part of their child’s life.

Hiring the right Civil Union Attorney

By hiring a knowledgeable and experienced civil union attorney – who understands the ins and outs of civil union law and civil law dissolution will only put you and your family at ease. Masters Law Group concentrates in various areas which will provide you with reassurance. We have dedicated ample amounts of time in order to become knowledgeable and up to date in this new area of family law. We will take the time to fully understand your situation and provide honest advice regarding your options.

Don’t hesitate to reach out with any questions, Contact us here today to schedule a consultation.