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St. Charles family law attorneysSocial media presents a unique danger when you are in the midst of a divorce or proceedings related to the allocation of parental responsibilities (child custody). In personal injury or criminal cases, clients may be encouraged to set their profiles to private so that the profiles cannot be seen by insurance companies or investigators.

When you are involved in a divorce or child-related action, however, making your social media private may not be enough of a protective measure because you likely are “friends” or connected with people who have an interest in your case—namely your family members and real-world friends. With this in mind, you should consider limiting your posting to social media, in addition to making your profiles private.

Social Medial Posts as Evidence

Virtually any social medial post could be potentially used as evidence by the other party during your family law proceedings. Some of the most dangerous include:

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Kane County divorce attorneysSome groups in the United States have experienced a drop in divorce rates. However, that is not true for older Americans. According to the National Center for Health Statistics and the U.S. Census Bureau, the number of people divorcing after the age of 50—commonly known as gray divorce—has just about doubled since 1990. Gray divorce has become increasingly more common for a few different reasons. For example, divorce has lost much of the stigma it carried years ago, and people are living longer and are not willing to stay in unfulfilling marriages.

Gray divorces often include a variety of unique financial considerations and legal issues that may not have the same importance for younger divorcing couples. Some people may worry that they will not have enough money to retire when they originally planned to. Other people may be concerned with what happens to the assets that they have accumulated throughout their years of marriage. Understanding these issues and how to deal with them is the key to a successful gray divorce.

Spousal Maintenance

In Illinois, spousal maintenance is never guaranteed in any divorce. The purpose of spousal maintenance is to ensure that both spouses are able to provide for themselves and enjoy the same or similar lifestyle that they enjoyed during the marriage. For long-term marriages, it is likely that the judge will award spousal maintenance, especially if one of the spouses sacrificed their education or career to devote time to domestic duties. For a marriage lasting 20 or more years, the length of time spousal maintenance will be paid can be equal to the length of the marriage or for an indefinite term.

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Kane County family law attorneysOne of the least discussed topics before couples marry is usually finances. One of the most discussed topics when a couple decides to end their marriage, however, is usually finances. It is critical to discuss finances before marriage, and a prenuptial agreement opens the door for this very important discussion.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal document that serves as private agreement between two people who intend to marry. In a prenuptial agreement, the parties define how the couple’s assets and property will be divided in the event of divorce or death. A prenuptial agreement may be narrow or broad in its scope, depending on the individual needs of the couple. The issue of spousal support may be included in the agreement, but there are no specific requirements. Without a prenuptial agreement, the couple will be required to reach an agreement later on, or their assets will be divided by the Illinois state laws governing divorce if the couple elects to terminate their marriage.

Understanding Emotions Around Prenuptial Agreements

In popular culture, prenuptial agreements are often seen in a negative light. They are generally viewed as an uncomfortable topic of conversation that indicates one person is either planning for the marriage to fail or trying to gain an advantage over their partner. Unfortunately, these common misconceptions can lead couples down a stressful and detrimental path if they elect to marry without a prenuptial financial plan. 

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St. Charles family law attorney legal separation

People often use the term “separated” to refer to married couples who have decided to end their marriage but are not yet divorced. Many people also use the term synonymously with living separately. However, there is a major difference between living separately and being legally separated. An Illinois legal separation involves a court order that binds spouses to certain terms involving property, financial support, and parental responsibility. Couples that are legally separated are still technically married and may not remarry until they get divorced.

Being Legally Separated Involves Much More Than Living Separately

There are a few reasons why a married couple may wish to be legally separated instead of divorced. Some couples simply want to avoid the finality of divorce. They may have serious marital issues to resolve but are hoping that they will be able to eventually reconcile. Other people choose to avoid divorce for religious or cultural reasons. There may also be certain financial and tax-related benefits associated with staying married. For example, an individual may wish to remain married so that he or she can continue to have access to his or her spouse’s health insurance plan or retirement benefits.

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St. Charles collaborative divorce attorney

Disputes regarding the division of marital assets and debts, allocation of parental responsibilities and parenting time, child support, spousal maintenance, and other divorce issues can be legally complicated and emotionally exhausting. If you are ready to end your marriage, you may wonder how you can resolve these issues without your divorce case going to trial. Alternative dispute resolution (ADR) methods have helped countless divorcing couples reach an agreement about the terms of their divorce outside of the courtroom. One such ADR that may be beneficial to you is collaborative divorce.

Resolving Divorce Issues Using Collaborative Law

If you are like most individuals facing divorce, you probably want the divorce process to be as amicable as possible. Collaborative divorce is a process during which divorcing spouses and their respective attorneys work together instead of against each other to negotiate divorce issues and reach solutions. Every individual participating in the collaborative process signs a Participation Agreement or Collaborative Agreement in which they promise to openly share relevant information and negotiate in good faith. Participants also promise not to take the divorce case to litigation. If the case does end up going to trial, the attorneys must withdraw from the case and the spouses must hire new attorneys. This ensures that everyone is fully motivated to reach a resolution through the collaborative process.

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1737 South Naperville Road, Suite 100
Wheaton, IL 60189
630-549-0960
Evening and weekend hours by appointment.

We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree