Posted on February 06, 2019 in Family Law

It should be obvious that you are not allowed to break into your spouse’s locked filing cabinet in order to obtain his or her personal documents during your divorce. The same concept applies to digital information. You are not allowed to snoop through your spouse's computer or other electronic devices to find private communications and documents. The evidence you find would be inadmissible in your divorce case, and you could face criminal charges for violating eavesdropping laws. However, you can use digital information that your spouse makes available to the public.

Electronic Eavesdropping

Eavesdropping is the act of obtaining information that a person can reasonably expect to remain private. There are several methods someone could use to eavesdrop on his or her spouse’s electronic communications or access digital documents:

1. Unauthorized Log-In: Many computers and email accounts require a user name and password in order to access them. You may know or be able to guess your spouse’s log-in information, but you are not allowed to log in to his or her private accounts without permission.

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 Posted on February 05, 2019 in Family Law

In today’s job market, it is becoming increasingly necessary to have education beyond a high school diploma. Regardless of whether that means attending a trade school or earning a degree, the price of higher education continues to increase as a direct result of supply and demand economics. Not only do parents feel the pressure to ensure the best life for their children, but Illinois also puts additional pressure on parents to cover this demand by ordering parents to pay for undergraduate education.

The requirement leaves many divorced Illinois parents wondering, who is ultimately responsible for the bill?

Your Divorce Occurred in the Past

If your divorce occurred years ago when college planning was the last thing on your mind, it is not unusual to require a modification of terms. First, review the original divorce decree to see if it included any stipulations regarding higher education. This step must be completed well before the child begins schooling or acquires any education expenses. If the issue was on reserve to review at a later date, failing to discuss the decree until after cost accumulation may result in a denial of assistance for the current expenses.

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 Posted on February 03, 2019 in Divorce

Getting a divorce can ultimately lead to a more fulfilling life, but the immediate effect can be a blow to your self-confidence. It is common to feel like you failed in your marriage and question whether you can create other meaningful relationships. While you may struggle to move beyond this self-doubt, there are ways that you can boost your confidence during and after your divorce:

1. Remember Your Strengths: You are dwelling on the failures in your life, ignoring the many successes you have had, both professional and personal. Try writing out a list of your accomplishments to remind yourself that you are a strong and capable person. Successes could be getting a college degree, starting a job, or raising your children. Even the fact that you were married was an accomplishment because your positive qualities were enough for someone to want to marry you.
2. Talk to Your Support System: Your depression during your divorce can skew your memories of your past accomplishments and your sense of self-worth. A family member or close friend can tell you about the things they love about you. A divorce coach or therapist can help you look at your life more objectively and realize that you are being too hard on yourself.

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 Posted on January 30, 2019 in Child Support

Getting remarried is an exciting event because it signifies a resolution to your divorce in many ways. You have proven that you can find a new relationship. If you were receiving spousal maintenance, you can break that financial tie to your former spouse. However, your obligation to provide child support will remain, regardless of whether either of you gets remarried. There are limited circumstances in which the child support payments can be modified after one parent gets remarried.

Principles of Child Support

Divorced parents pay child support because they share a financial obligation to care for their children. That obligation will always remain with the two legal parents of the children and not with any new spouses. Your new spouse cannot become the legal parent of your children unless your co-parent relinquishes his or her parental rights and your new spouse adopts your children. Thus, courts have traditionally not considered the income of a new spouse when determining child support payments. However, an Illinois court ruling in 2014 broke with that tradition when it found that:

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 Posted on January 28, 2019 in Uncategorized

 Not only is driving under the influence of drugs or alcohol imperative to our safety and wellbeing, but it is also against Illinois state laws. The law clearly defines what constitutes driving under the influence, as well as the penalties of being found guilty of such violations. Due to the increased safety concern of impaired driving, the state legislature enacted strict DUI laws in conjunction with severe punishments.

A Brief Summary of Illinois State Law 625 ILCS 5/11-501

According to Illinois state law, it is illegal to drive or otherwise be in physical control of a vehicle when:

• Your Blood Alcohol Content (BAC) is .08 or higher;
• You are unable to drive safely due to alcohol or another intoxicating substance;
• You consumed any amount of any controlled substance; or
• You have a THC concentration of 5 nanograms or more in your bloodstream.

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 Posted on January 25, 2019 in Divorce

After more than a month, the federal government shutdown has ended with a deal to reopen the government for three weeks. However, President Donald Trump mentioned the possibility of another shutdown if he could not reach an agreement with Democratic leaders. You may wonder whether a shutdown has any effect on divorces. In most situations, the answer is “no.” A shutdown impacts the funding for federal courts, but state courts handle divorce and family law cases. A shutdown would likely affect a divorce only when one of the spouses is a federal employee.

Immediate Consequences

Federal employees do not receive pay during a government shutdown. This should not create any uncertainty about a spouse’s income during divorce negotiations because most employees receive back pay after the shutdown has ended. The government may not repay federal contractors, but those losses should not change the spouse’s future income once the government is running again. The missed pay could immediately affect people who:

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 Posted on January 23, 2019 in Divorce

You will need the assistance of several professionals when you are going through a divorce. Hiring a divorce attorney is a necessity because of the many legal complexities of the process. Some divorcees also find it helpful to see a mental health therapist to discuss their emotional issues related to the divorce. If you are working with both of these people, you may wonder why you would need to have a divorce coach. The answer is that a divorce coach provides a service that is unique from a therapist and can help you through the process.

Not a Therapist

The jobs of a divorce coach and a therapist do overlap in some basic areas. Both approach your divorce from a personal perspective, understanding that it is an emotional process. However, there are several differences in how a divorce coach can help you reach your goal:

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 Posted on January 23, 2019 in Divorce

 If you are struggling with thoughts of divorce, the divorce process, or recovering from a recent divorce, an experienced divorce coach can provide the support that you need. Separation brings with it an entire life change, not just for you, but also for your children and close family members. It is an adjustment for everyone involved. A divorce coach can help you to understand and work through a wide range of emotions and also provide support for your situation.

What a Divorce Coach is Not

Before we begin discussing what a divorce coach is, let us explain what it is not. A divorce coach is not a doctor, nor is coaching clinical in any way, as is therapy or counseling. Rather than delving into your past to uncover the underlying causes of your problem, or assuming the existence of a mental health concern, a divorce coach assists you with the divorce process, guiding you to attain your goals, work through decisions, and progress through transitions. A divorce coach will not provide a diagnosis of any kind; and although they can work in conjunction with an attorney, they are not a substitute for your attorney.

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 Posted on January 19, 2019 in Child Custody

In the years following a divorce, opportunities come up that may require two parents to live in different parts of the country. You can contest your co-parent’s decision to relocate with your children, but the court may decide that the move is in their best interest. You may also find a career opportunity in another city that is too lucrative to pass up. Long-distance parenting is a difficult adjustment for you and your children and will never feel like an ideal situation. There are ways you can maintain a healthy relationship with your children.

1. Regular Communication: It may be impractical to see your children in person frequently, but you should have a weekly schedule of when you will talk to them. Your children should be able to rely on you calling them at the same times each week and feel like you will respond to them if they need to contact you. Video calls can give your conversations more intimacy than voice calls.

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 Posted on January 17, 2019 in Property Division

It can be difficult to continue to make house mortgage payments on your own after your divorce. However, you may be able to keep your marital home for the foreseeable future if you are able to get a reverse mortgage on your house. Reverse mortgages are available to people who are at least 62 years old and have a large amount of equity in their home – usually at least 50 percent. You use the money you receive from a reverse mortgage to pay off the remainder of what you owe on your home mortgage, with the surplus available for other expenses. Gray divorcees should consider whether a reverse mortgage could help them during the division of property, though there are risks.

How It Works

Assuming that you qualify, you can apply for a reverse mortgage – also known as a Home Equity Conversion Mortgage – with lenders who specialize in this type of loan. The amount of money that you can borrow will increase in conjunction with your age and the value of the property. With a reverse mortgage, you no longer make mortgage payments on your home or payments on the loan as long as you remain in the house. The loan and interest are due when:

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