Tag Archive for: divorce attorney

Do I Need to Go to Court for an Uncontested Divorce in Illinois?

Couples who have a functional relationship and are able to work together may be able to get an uncontested divorce. If you live in the state of Illinois, here’s what you need to know about whether or not you will need to attend court during this process. 

Going through a divorce is not easy; it can be a very emotional and stressful time for all involved. The prospect of having to attend court for hearings throughout the process can make it even more stressful and nerve-wracking. For most court appearances, both parties appear by the representation of their lawyers – meaning they do not have to be personally present.

What is an Uncontested Divorce?

When one spouse challenges whether the couple should get a divorce or any other reason, you have a divorce dispute. This is referred to as a contested divorce and can take more than 18 months to be resolved. An uncontested divorce (referred to as a “dissolution of marriage” in our state of Illinois) means that both parties agree on all the key terms of the divorce, including:

  • Dividing marital property.
  • Child custody and parenting time schedule.
  • Dividing marital debts.
  • Child support and medical insurance coverage for any minor children.
  • Spousal support (also called “alimony”).
  • Custody of pets.

While two divorces are the same, specific instances may require both spouses to appear at hearings throughout the divorce process. Here’s a look at some examples where both spouses do not have to attend court appearances and instances where both must be present. A lot of times this is determined by whether a divorce is uncontested or contested.

Spousal Attendance in an Uncontested Divorce

As mentioned, an uncontested divorce is when both parties agree on terms of the divorce by a marital settlement agreement. This includes matters such as property being divided up, whether any financial support will be granted to either spouse, and any child custody issues.

For an uncontested divorce to be finalized, the spouse who petitioned for divorce by filing with the county court must appear at the final hearing. The other spouse is not required to attend, as long as he or she has signed all the necessary documents regarding the marital settlement agreement.

The petitioner, or plaintiff, is required to testify as to the identity of both parties, as well as the terms of the settlement. The spouse’s lawyer may ask the spouse questions to acknowledge they fully understand the terms of the settlement. 

Spousal Attendance in a Contested Divorce

Unfortunately, marital settlement agreements aren’t always reached easily. When this matter arises, both spouses would need to be present at pre-trials along with their lawyers. These are usually informal in nature, and require both attorneys to present their client’s side of the argument.

A judge then provides both attorneys with a non-binding opinion on how to proceed, which is then reported back to the spouses. It’s important for both spouses to be present for this because a resolution on an issue could be made. 

If the parties are unable to reach an agreement, a final divorce hearing will be held, where both spouses must be present. A judge will hear all evidence and arguments, and will make a decision on all issues. Both parties must abide by the judge’s final decision.

How Long Does an Uncontested Divorce Take in Illinois?

There is no divorce waiting period for uncontested divorces in Illinois. However, you still must meet Illinois’ residency requirements before you can file for divorce in the state. You or your spouse has to live in Illinois for at least 90 days before filing for divorce.

If you want a fast divorce in Illinois, you’ll need to meet the residency requirements and find a way to settle things with your spouse. Contested divorces can take several months depending on the number of issues in your case and whether your case requires a lengthy trial. (750 Ill. Comp. Stat. § 5/401(a).)

Conclusion

To answer the initial question: you may not have to attend court to get a divorce in Illinois. If you’re the one who petitioned for the divorce, you would have to appear at the final hearing. If the goal is a quick and efficient divorce in which you don’t have to attend court, the best approach is to agree on terms of a marital settlement agreement promptly and before the final hearing. 

At Masters Law Group our attorneys are here to guide you through your divorce every step of the way. 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.

Can I Appeal a Family Court Judge’s Order in Illinois?

The Family Court will make decisions related to divorce, divorce mediation, civil unions, child custody, child support, orders of protection and more. But did you know if you disagree with the judge’s decision from trial, you can file an “appeal”? Here’s everything you need to know about applying for an appeal in the state of Illinois. 

Do you need help seeking an appeal from an unfavorable ruling in a divorce, child support case or other family law related matter? Judges can sometimes make an error that adversely affects the outcome of your case. In that situation, you may have a solid legal base for an appeal. An appeal is a request to have a higher court change or reverse a judgment of a lower court.

When you appeal, the entire case is reviewed by a higher court. Here are some points to note if you’re considering appealing a family court judge’s order.

Appealing a judge’s decision in family court

In some states, family court rulings can be appealed. This type of request is made to a higher court that will involve a judge, or panel of judges, to review the decision made by the lower court. This is not a rehearing, and you will not be able to present new evidence. The court of appeals’ objective is to review the trial record and determine whether or not the judge acted within their discretion. If the appeals court finds the judge acted accordingly, the decision will be upheld regardless of the appellate judges’ opinion on the matter.

In a majority of states, final orders given by the family court are the only cases that can be appealed. For example, in a divorce, a final order may include the final divorce decree, which might address asset distribution, child custody, and more. Temporary orders are pending and can only be appealed when you ask the appellate court to review them. It’s important to note that not all family law cases can be appealed. Grounds for an appeal are solely limited to:

  • Errors in law: A mistake in a court proceeding. For example: when state law requires a parent who has been convicted of domestic violence to complete counseling before being awarded visitation rights, but a judge grants visitation without any proof of counseling.
  • A mistake in fact: When a judge reached a final conclusion that no other person could have reached based upon the evidence. For example: when a parent is awarded sole custody even though they have been convicted of sexual abuse of a minor and the other parent has demonstrated to be a fit parent with no criminal record.

Appeals in Illinois

Because each state differs in law, you need to do your due diligence to ensure you follow the correct steps for the state you live in. In Illinois, a Notice of Appeal needs to be filed within 30 days of a final order, so if you don’t act quickly, you lose your right to an appeal. The appeals process can be lengthy and difficult. Should you decide to appeal your case without an attorney, you will need to follow the Rules just like those parties who have an attorney.

As of July 1, 2017, all documents filed in the Illinois Appellate Court and Illinois Supreme Court must be filed electronically (“e-filed”). If you need assistance, you may take your documents to the appellate court clerk’s office, where you can use a public terminal to e-file your documents. You can bring your documents on a flash drive or on paper. The terminal will have a scanner where you can scan, save, and then use the computer to e-file your documents.

IllinoisCourts.gov released a guide for appeals here which includes a full checklist of items to cover, along with a timeline of events in an appeal and where it is best to consult a family law attorney in this often-complex process.

Process for appealing a case

As mentioned, if you want to appeal a circuit court decision, you have 30 days after the final judgment to file a Notice of Appeal with the appellate court. This notice states what decision you are appealing and what you want to happen. Your Notice of Appeal must contain:

  • The court you are appealing to. 
  • The court you are appealing from. 
  • The name and number assigned to the case by the circuit court.
  • Who is filing the appeal (the appellant) and who will be responding to the appeal (the appellee).
  • What orders of the circuit court you are appealing from and the dates they were entered.
  • What you want the appellate court to do. For example, reverse the decision of the circuit court.

Next Steps

Each year in Illinois, thousands of families seek answers to questions regarding divorce, legal separation, allocation of parental responsibilities, support and other matters of family law. If you are thinking about appealing a decision related to divorce, child custody, child support, or another family law issue, you should really schedule a consultation with Masters Law Group immediately. 

If you or your loved ones are looking to appeal a family court judge’s order, contact the attorneys at Masters Law Group for guidance on these matters.

Learn more about the U.S. Courts of Appeals here. 

 

Preparation for a Family Court Trial

Your divorce and/or custody has been set for trial. With so much at stake, being well-prepared can help you feel more confident and calm. Here are some useful steps that can help you to prepare your case effectively in family court.

When parents divorce in the state of Illinois, their divorce settlement must outline a plan for different issues regarding their children. This plan should include child support, custody and visitation. Some parents are able to utilize mediation or work together to determine where their children will live and how much time will be spent with each parent.

There are some cases in which parents are unable to resolve custody disputes without legal intervention. In that situation, it is best to get a family lawyer to advise parents to prepare themselves for a potential child custody evaluation. Here’s some ways to prepare for a family court trial.

Preparing For Trial

Attorneys will guide you through the preparation process and help you gather evidence. Your job is to provide everything your attorney asks for and be 100% honest so they can prepare for arguments the other party may be compiling. 

If you plan on representing yourself, most legal experts would recommend consulting with an attorney to ensure you’re ready for court. This is different from hiring a lawyer to represent you since they will provide you with advice during meetings.

You’ll need to present evidence to support your case, which includes exhibits and witnesses. It’s always important to review the Illinois Rules of Evidence, and remember that witnesses cannot testify to hearsay.

Examples of Evidence You Can Provide

  • Bills and medical reports 
  • Photos/Videos of you and your child
  • Phone logs and visits with your child
  • A calendar showing when you care for your child
  • Anything that proves you to be fit as a parent and meets evidence requirements

It’s important to be prepared and have the judge know your stance on what is best for your child. You can do this by providing a parenting plan and parenting time schedule to trial. Along with all documents, bring a copy for the court, one for the other parent and one for yourself.

Witnesses can be anyone with knowledge relevant to the case. Parents almost always testify as witnesses. A child is more likely to do an interview with the judge outside of the courtroom, since the probability of them testifying is low. Expert witnesses provide professional opinions and are appointed by the court or hired by a party. Examples of expert witnesses are child custody evaluators or psychologists. Lay witnesses do not offer expert opinions, but they testify about their personal knowledge of a situation. These witnesses include family members, friends, and teachers.

Trial Scheduling

Trials usually take place several months after the initial filing. If the case is not progressing 18 months after filing, the judge may decide to issue a ruling at that time. Trials typically tend to be a few hours and will often be done in one sitting. 

Longer trials may be broken up into sessions spread out over days, weeks or, in some complicated cases, months. Be aware that the court may delay your trial date due to requests for more time from the other parent.

Trial Procedures

The parent who requested parental responsibilities, also known as the petitioner, may give an opening statement to explain how they see the case. The other parent, also known as the respondent, can then follow. 

If you are represented by an attorney, they will speak on your behalf. The petitioner calls witnesses and presents exhibits first. Any number of witnesses can be called to testify, as long as they were on the list that was filed with the court and provided to the other parent. 

Following Procedures:

  • Next, the respondent calls their witnesses and presents their exhibits.
  • Later, each side can submit additional evidence (called rebuttal evidence) to disprove the other side’s claims.

Finally, both parties give closing arguments to summarize their points. Judges announce rulings immediately following closing arguments, but they can take several days or weeks to decide. The final judgment replaces temporary orders previously put in place. Your options for changing a final judgment include appealing to a higher court or applying for a modification.

Final Thoughts

Masters Law Group understands that preparation for a family court trial can be a stressful situation. Our firm makes sure they are with you every step of the way. We currently handle family law matters in Cook County and surrounding counties and concentrate in the 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 and have a unique depth of knowledge, experience and talent in the Family Law and Divorce field. Click here to set up a consultation today.

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.

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.

 

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.

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.

 

Managing Your Money After a Pandemic Divorce

As the world slowly begins its back-to-normal phase, the aftermath of the pandemic has left a lot of devastation in its wake. If your marriage didn’t survive quarantine, here’s how to get your finances back on solid ground after a divorce. Read more