Posted on February 21, 2017 in Domestic Violence

Earlier this month, the movie Fifty Shades Darker was released in theaters around the world. The film is based on a novel of the same name and is the second in a series that began with the now-famous—or infamous—Fifty Shades of Grey. The franchise has become widely popular taking a taboo subject matter and making it more mainstream, albeit with no small amount of controversy. Even with the book series having sold hundreds of millions of copies and the films generating substantial revenue, many women’s advocates and victims’ rights groups have decried the franchise’s depiction of coercive and abusive relationships.

Scandalous Appeal

When the first book hit stores in 2011, author E.L. James was credited with promoting feminine equality and sexual expression. The plot of the novel involves a young woman who becomes intimately involved with a successful businessman. Their sexual relationship is depicted as one that heavily includes various implementations of BDSM—bondage, discipline, sadism (or submission), and masochism. Fans of the series applauded James for promoting the freedom of expression for women to embrace their sexuality, even if doing so involves methods that are considered alternative or unusual.

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 Posted on February 16, 2017 in Divorce

The decision to end your marriage is never an easy one. A divorce is often accompanied by a great deal of stress and numerous challenges to overcome. There are, however, a few things you can do that could help make the process easier on yourself and lead to a happier, more fulfilling future:

1. Educate yourself about your rights. Getting a divorce is usually one of the most confusing and complicated legal scenarios an average person will go through in his or her life. Research the law on your own and seek legal counsel from a trusted lawyer. You may also want to consider hiring a financial advisor;
2. Try not to let your emotions get the best of you. According to the Holmes-Rahe Stress Inventory, divorce is the second-most stressful life event a person can experience. Splitting from your spouse turns your world upside down. It is completely understandable that you will feel depressed, hopeless, and discombobulated at times. Avoid making decisions in haste or when you are in an emotionally-heightened state.

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 Posted on February 14, 2017 in Divorce

Although changes to the Illinois Marriage and Dissolution of Marriage Act removed the factor of fault from divorce, social media may still be used as evidence. It can be used to determine if a spouse is hiding assets in a high net worth divorce. It may be used as a factor in the allocation of parental responsibilities and parenting time rulings. It may even make an appearance in divorce cases involving spousal support or child support. Yes, social media is becoming prevalent in divorces, and in many ways, it makes the investigation into a spouse’s background far easier than it used to be.

Divorce Investigation Before Social Media

Once upon a time, spouses and investigators had to rely on instinct and information they could gather on their own to expose acts of deceit. They had to hope information got thrown away or left out instead of locked into a cabinet. Some even went so far as to follow around one spouse or the other, taking photographs to document the subject’s actions. There would be mining of data that could be legally obtained, such as deposits and withdrawals from a joint bank account. Yet much of the pertinent information remained difficult or sometimes impossible to access. That was before social media, text messages, and other forms of digital evidence became so easy to legally obtain and/or accidentally discover.

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 Posted on February 13, 2017 in Divorce

Today, it is estimated that approximately 90 percent of women take their husband’s last name when they get married. Some may choose to hyphenate both names or to keep their maiden names, but the practice, at this point, is centuries old and some traditions can be difficult to break. Whatever your thoughts may be on women taking their husbands’ last names in marriage, it is relatively easy for a woman to change her name back in the event of divorce. Most divorce proceedings—at least in Illinois—allow a woman to legally resume using her former name without a separate court filing.

Children, however, are a different story. Changing a minor child’s last name after a divorce can be much more difficult and typically involves an entirely new court proceeding.

What the Law Says

When a person is an adult, he or she is presumed to have the appropriate capacity to make decisions for him- or herself. Legally changing your name is one example of such a decision. If you decide to change your name, that is up to you, and you have to the right to change it whenever you see fit, including after a divorce. Changing your child’s name is not quite so simple. If your child is still a minor and you wish to change his or her name, you may need to take your matter before the court. According to the Illinois Code of Civil Procedure, a name change for a minor child will only be permitted if you provide clear and convincing evidence that the change is in the child’s best interest.

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 Posted on February 09, 2017 in Family Law

Marriages have certainly changed in the last hundred years. The days of an I Love Lucy cookie-cutter relationship are all but gone, and marriages can now look dramatically different from one another. Some people marry young and stay married for 50 years. Others get married and divorced several times over the course of their lives. Still others wait to marry until they are in their 40s or older while other couples choose not to marry at all. Same-sex couples are marrying and adopting children, and blended families composed of step-children, half-siblings and multiple sets of parents and grandparents are becoming much more commonplace.

Open Marriages

There are other alternative lifestyles that exist, as well. For example, some couples choose to have an open relationship. Open relationships can take many different forms, but the underlying idea is that both halves of the couple are able to pursue romantic or sexual relationships with others. Individuals in open relationships or open marriages do not consider such extramarital activity cheating because all parties are aware of and consent to the arrangement.

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 Posted on January 26, 2017 in Divorce

Many divorce cases follow a similar pattern of events. A couple whose marriage is on the brink of failure will usually separate for a period—sometimes more than once—as the spouses try to determine their best course of action. By the time they make the decision to divorce, several months have passed, if not more. From there, the couple moves into the process of dissolving their marriage. While this is a very common scenario, it is important to understand that the legal requirements for divorce may not be what you expect.

Legal Separation

You probably know at least one person in your life who is currently estranged from their spouse but not legally divorced. If you were to ask them to define their marital status, both parties would likely say that they are separated. According to Illinois law, however, that is not entirely accurate. A couple can be only declared legally separated by a judgment of legal separation, which is similar in most respects to a divorce though the parties remain married to one another. Most couples will never be legally separated before their divorce.

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 Posted on January 24, 2017 in Domestic Violence

Beauty workers such as hairdressers, stylists, cosmetologists, and nail technicians often get to hear some of the most intimate details about the lives of their clients. There is something in the atmosphere of a salon and the connection with their stylist that makes some people—usually women—comfortable enough to share very personal stories and experiences. Sometimes, however, a client will talk about a situation which leads her stylist to wonder if the client has been the victim of domestic violence or abuse. When this happens, the hairdresser may not know what to say or do, but a new law in Illinois in intended to give beauty workers the tools to help clients in need.

Licensing Requirements

Last summer, Illinois lawmakers passed a bill that amends the licensing requirements set forth in the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985. Beauty workers whose licenses are issued by the state will be required to undergo domestic violence awareness training in order to qualify for a renewal of their licenses. The same training will also be required for those looking to obtain their licenses for the first time.

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 Posted on January 19, 2017 in Prenuptial Agreements

The topic of finances can be a sensitive subject for couples, especially when they are considering marriage. In fact, a recent survey found that nearly 70 percent of engaged couples “held a negative attitude about discussing money with their fiancé.” Despite these findings, it is certainly wise to have an informed discussion—and usually more than one—with your partner about assets, debts, and money management responsibilities prior to marriage. For some couples, a prenuptial agreement opens the door for this very important discussion.

What Can a Prenuptial Agreement Include?

Prenuptial agreements are legal documents that represent contractual agreements between two people who intend to marry. The terms of a prenuptial agreement can address how, in the event of divorce or death of a partner, a couples’ estate will be distributed. The prenuptial agreement will be customized and highly specific to the couple’s unique circumstances. There are no standard requirements in this kind of agreement, leaving maximum flexibility for the parties to define their wishes and expectations. Couples who elect to marry without a prenuptial agreement leave their assets vulnerable to being the requirements contained in Illinois state laws governing the dissolution of marriage if the couple elects to divorce or in the event of the death of one partner.

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 Posted on January 17, 2017 in Divorce

The internet has opened new worlds of opportunity in many areas of life. It is now easier than ever for people to find new jobs, work remotely, make instant payments, and connect with people from around the globe. The proliferation of digital technology has also forced us to rethink our ideas of what constitutes cheating or infidelity in a relationship—behaviors that can easily push married couples toward divorce. While there have always been varying thoughts on the subject, the ubiquitous nature of cell phones, text messages, and online dating sites have expanded the spectrum considerably. It also seems that there is a pretty substantial divide between what men and women consider cheating on a partner.

Most married couples—and those in a long-term committed relationship—are connected on many levels. Their relationships are typically marked by a physical connection, as well as deep emotional and psychological ties. Virtually everyone agrees that having sex with someone outside of your committed relationship constitutes cheating. But, what about breaches of the other elements of a relationship?

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 Posted on January 12, 2017 in Spousal Maintenance

In the state of Illinois, the statues covering spousal maintenance are contained in the Illinois Marriage and Dissolution of Marriage Act. Spousal maintenance—sometimes known as alimony—is not a presumed right for either spouse. Instead, it may be awarded on a discretionary basis if the court decides that it is appropriate in a particular divorce case.

When determining whether or not to award maintenance, there are a number of factors a judge must consider, such as how long the couple was married, what was the standard of living the couple enjoyed while together, and what the income is of each spouse. If spousal maintenance is awarded, law provides a formula to be used in calculating how much will be paid and for how long.

An order of spousal support—even if it is intended to be “permanent”—usually includes a stipulation that the support will terminate if the receiving spouse remarries or enters into a cohabiting relationship. Remarriage is easy to prove because marriage requires a license. Cohabitation, however, can be much more difficult to prove, especially if the ex-spouse is making a concerted effort to hide the fact that he or she is living with someone.

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