Chicago Divorce Lawyer

Chicago Divorce And Family Law Lawyer that seeks client driven results with the lowest financial and emotional cost possible. 312-276-9000

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Dissipation in Illinois: Can I get Credit for My Spouse Using Marital Assets?

When a divorce is finally filed with a court it is typically not something that has been brewing for weeks, but years. As a result, some people use that time to use marital assets outside the marriage - sometimes in an effort to hide money or maybe to support a mistress. In either case, dissipation is the solution.

What is Dissipation?

Dissipation is generally defined as the use of marital funds by one party solely for their own benefit, for a purpose unrelated to the marriage. Dissipation is limited to the time period at a time period where the marriage is undergoing (or has undergone) an irretrievable breakdown.

How Does Dissipation Help?

To the extent the Court determines that dissipation has occurred, the value of the property that was used for non-marital purposes will be credited against your spouses’ portion of the marital assets spouse thereby increasing the share of what you receive. It may also be required to be paid back.

What do We Need to Do to Claim Dissipation?

You must notify your spouse that you intend to make a claim for dissipation. It must be done no later than 60 days before trial or 30 days after discovery closes, whichever is later.

The notice must include

Notify your spouse that you intend to claim dissipation.

The notice must include

the date when the marriage started to fall apart

The property dissipated (or used not for the marriage)

The period of time the property was dissipated 

File a document with the Court evidencing that the notice was given to your spouse

What’s the Limit of a Claim?

You can only seek dissipation going back 3 years after you knew or should have known and it must be within 5 years of filing the petition for dissolution.

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You Can Pay Child Support with Pizza in Italy

In the wide world of Child Support, it is not unusual to find some rather interesting decisions. This one out of Italy may take the "pizza pie”. 

A father in Italy was required to make continuing support payments to his ex-wife as maintenance for their child. He faithfully made payments for eight years. 

However when his pizzeria fell on tough times, he resorted to providing free pizza to his daughter in lieu of making his child support payments to the mother. She initially agreed to the arrangements for two years, but finally filed a criminal complaint against her former husband for not paying the child support. 

After reviewing all the circumstances (including that the daughter began living with her father), the Judge ruled that the father had not committed a crime by delivering pizza and not the 400 Euros he agreed to pay.

What a time to be alive!

Our approach with each our clients focuses on finding the most tailored solution to a client’s situation. During our initial evaluation of your situation, Maduff’s Divorce Lawyer -Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

Source: Lawdiva’s Blog

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When Should I Meet with a Divorce Lawyer

In most cases potential clients seek help from a lawyer after something has happened, rather than preparing before anything happens. In Family Law this is extremely common and it is particularly important to be proactive, rather than reactive because the situation is fluid and the more control you have over your documents and choices the better off you usually will be long term.

The initial consultation is designed to evaluate all options for your situation, how you can approach it, and to begin preparing for a possible divorce. This is your opportunity to get informed about the consequences of a divorce, what your divorce may look like, and how you might get there. All three provide you insight into when, how, and why you might (or might not) want to get a divorce.

Additionally, Divorce is often a game of chess. Certain decisions can have an impact on the process (e.g. leaving the home without the children could subject you to temporary child/spousal maintenance during the divorce). Getting a handle on the right financial documents and information is often easier and less confrontational before the divorce papers have been filed. The more you can do to prepare and the less you have to use the legal system (and pay your lawyer to do it) the cheaper it is in the long run. 

Our approach with each our clients focuses on finding the most tailored solution to a client’s situation. During our initial evaluation of your situation, Maduff’s Divorce Lawyer -Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

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Simplified Dissolution of Marriage

In Illinois spouses may file a joint petition for a simplified dissolution which is a more streamlined and quicker process. It is also often cheaper. The statute specifically lays out what is required to use this section:

Neither party will rely on the other for monetary support after the divorce;

Both parties waive any right to maintenance (”alimony”);

Meet all the residency requirements and proof of irreconcilable differences;

Not have children together or be pregnant;

Married 8 or less years;

Not own a house or have any interest in any real property;

Not have any interest in retirement benefits unless they are in individual retirement accounts and the total value of all of these accounts is less than $10,000;

Not have a total fair market value of marital property that’s more than $50,000;

Not individually have a yearly income (from all sources) of more than $30,000;

Disclose to each other all assets and liabilities and tax returns for all years of marriage; 

Execute a written agreement allocating all assets worth more than $100; and

Execute a written agreement allocating responsibilities for debts and liabilities. 

Cook county provides forms and a useful website to help anyone considering using this streamlined process.

Our approach with each our clients focuses on finding the most tailored solution to a client’s situation. During our initial evaluation of your situation, Maduff’s Divorce Lawyer -Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000 

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Filing for A Divorce in Illinois: Petition for Dissolution of Marriage

As with any lawsuit filed in court, divorce proceedings “begin” when one or both the spouses file a Petition for Dissolution of Marriage. The Illinois section governing this initiating document is 750 ILCS 5/403.

What Must be in the Petition

The basic requirements are spelled out in the statute.

(a) The complaint or petition for dissolution of marriage or legal separation shall be verified and shall minimally set forth:         (1) the age, occupation and residence of each party    and his length of residence in this State;        (2) the date of the marriage and the place at which    it was registered;         (2.5) whether a petition for dissolution of marriage    is pending in any other county or state;         (3) that the jurisdictional requirements of    subsection (a) of Section 401 have been met and that irreconcilable differences have caused the irretrievable breakdown of the marriage;         (4) the names, ages and addresses of all living    children of the marriage and whether a spouse is pregnant;         (5) any arrangements as to support, allocation of    parental responsibility of the children and maintenance of a spouse; and         (6) the relief sought.

Much of this information is required to establish that Illinois (and this court) is the correct place to enter a divorce judgment. The person filing the petition must also verify that the information in the petition is true and correct based on personal knowledge.

Both or One Party Can File a Petition

The Illinois Statute provides that either spouse or both parties can file a petition for divorce pursuant to Section 403(b). This is often used when a divorce has been mediated out of court and the spouses have reached an agreement. Once the mediation is complete, each spouse should hire a lawyer to complete the necessary filings to finalize the divorce and get a divorce judgment entered.

New Changes to the Law as of January 1, 2016

As of January 1, 2016, in contested divorces that go to trial, the court is required (as opposed to discretionary) to separate trial into to two parts. 

Irreconcilable Differences. The Court is required to first determine “whether irreconcilable differences have caused the irretrievable breakdown of the marriage” as required by section 401. This is required even if the Parties “agree” on this issue.

Remaining Issues. Once that threshold issue is settled, the Court then can set trial dates for all remaining issues that remain contested between the parties. 

Cook County Local Rules

Divorces filed in Cook County must also complete mandatory prejudgment and/or post-judgment disclosure statements. These disclosure statements arise under Local Rules 13.3.1 and 13.3.2 (a post on these will be forthcoming). 

These disclosure statements require each party to serve on the other information about their finances and proof of income. This will often require you to disclose recent tax returns and recent pay stubs.

Our approach with each our clients focuses on finding the most tailored solution to a client’s situation. During our initial evaluation of your situation, Maduff’s Divorce Lawyer -Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000 

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Alimony in Florida: In the News

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What are the Basic Requirements for A Divorce in Illinois?

You cannot just file a divorce in Illinois. There are some basic requirements that must be met to ensure you can be divorced in Illinois. These requirements were updated with the new amendments that went into effect on January 1, 2016. Here is a quick primer on those basic requirements (there are exceptions and unique issues that can arise).

Residence

The Court may enter a judgment of dissolution if:

one of the parties was a resident of Illinois or stationed in Illinois while a member of the miltary when the dissolution action was commenced; and

the residence or the military presence has been maintained for 90 days prior to the dissolution action or 90 days prior to a finding of residence by the Court.

Residence is a “permanent abode” or the place where you call “home.” The most important factor is whether the individual intends to live there.

Eliminating The Grounds for A Divorce

As of January 1, 2016, there is no longer a requirement for a fault-based reason for getting a divorce. All that is required for a court to enter a divorce is “irreconcilable differences have caused the irretrievable breakdown of the marriage ... [and] efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best of the family.”

There is an irrebuttable presumption of “irreconcilable differences” if the parties have lived “separate and apart” for 6 months prior to the entry of judgment. 

Our approach with each our clients focuses on finding the most tailored solution to a client’s situation. During our initial evaluation of your situation, Maduff’s Divorce Lawyer -Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000 

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What other Professionals You May Need During Your Divorce

A Divorce often includes multiple issues and not all of them are law related. While your lawyer is the first round pick on your team there may be other professionals that could help you navigate your divorce. These professional are often used during a collaborative divorce or a divorce mediation. 

Mental Health Professional

A mental health professional acts as a “divorce coach” and is there to help manage stress and expectations of the situation. They can also work with the children that are coping with the divorce. The focus of a mental health professional is to neutralize the ups and downs of a divorce and provide a professional that can address the process from a unique perspective. 

Financial Specialist

A financial specialist will gather and evaluate the financial assets of the couple. It is important to fully understand the value of the marital assets before you begin dividing them as part of a marital settlement agreement. There are financial specialists that are trained and certified to handle divorces. Their role is to provide clarity as to the current (and future) value of an asset and to help you develop a post-divorce financial plan. 

Tax Specialist

Getting divorced can have a significant impact on your current and future tax liabilities. The difference between alimony (maintenance in Illinois) and child support is important, but only a tax specialist can help evaluate the tax implications of the decisions in a divorce.

Estates/Trusts Attorney

At the end of any divorce, any spouse should seek the help of an estate/trust planner because your will and trusts will need to be re-drafted. At this time in your life, you need the help of a professional to keep you in control of your finances, healthcare, mental incapacity and death plan. These are all important decisions and issues that need to be re-worked (or drafted in the first instance after a divorce).

Forensic Accountant

A forensic accountant specializes in handling the division of assets that may be difficult to divide or value. These types of assets include stock options, restricted stock, deferred compensation, ownership in a business, partnerships, art, insurance, trusts, and assets held internationally. Because these financial instruments are complicated and create unusual valuations a forensic accountant is a valuable asset in both mediation and a trial. Often a forensic accountant will be relied upon to give testimony at trial regarding the marital property and its value. 

Accountant

An accountant provides basic advice on financial matters including calculating net worth. An accountant will also help you understand your assets, their value, and create easy to understand figures for you and the Court to help evaluate the relevant issues in the matter.

Our approach with each our clients focuses on finding the most tailored solution to a client’s situation. During our initial evaluation of your situation, Maduff’s Divorce Lawyer -Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000 

[Photo credit: Got Credit] 

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Chicago Divorce: What is a Collaborative Divorce?

A hot topic in the Divorce arena is Collaborative Divorce. What is it and why should you consider it?

What is Collaborative Divorce?

Collaborative divorce or collaborative family law is a process to resolve a divorce through a collaborative process by working with their lawyers, and when appropriate, professionals, to reach a negotiated marital settlement. A collaborative divorce is initiated when the spouses and their lawyers sign a “participation contract” which describes the process. A key element of the participation contract is that each lawyer is disqualified from continuing to represent either party in any future family/divorce-related litigation. Accordingly, each lawyer is incentivised to reach an agreement and not litigate.

Why do Couples Choose a Collaborative Approach?

A collaborative divorce provides a number of benefits. The most often cited benefit is the cost savings. Because the process will often use professionals to resolve unique issues (tax questions, financial advisor, insurance) - the process hires the professional and that cost is shared by both spouses. Because the goal of this approach is to compromise and not be adversarial, legal fees can also be less. 

Collaborative divorces also encourage good communication and the spouses are expected to share information. This promotes each spouse to be actively engaged in the agreement reached leading to mutually agreeable solutions. As a result, the uncertainty of litigation is avoided and the agreement creates a realistic long-term solution.

During our initial evaluation of your situation, Maduff’s Divorce Lawyer - Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

Photo Credit from Billie Grace Word

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Can you file your Child Custody Case in Illinois?

It is not uncommon that after the divorce one of the spouses moves to a different state (usually for work or family). If there is a child custody issue, then the first question that needs to be addressed is where should the child custody action be filed?

Fortunately, all 50 states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Uniform code establishes consistent jurisdiction (legal jargon for where the lawsuit must be filed) rules in all 50 states. 

If the lawsuit is the “initial” action to address a child custody issue, then the relevant question is which state is the child’s “home state.” The state that is the child’s “home state” will most likely have exclusive jurisdiction.

When is Illinois The Home State?

The child has lived in Illinois for at least the last six consecutive months (or since birth if the child is not yet six months old) before the lawsuit is filed

The child lives out of state but lived in Illinois within the past six months and did so for at least 6 consecutive months and one of the child’s parents lives in Illinois.

No other state is the child’s home state (or the home state has declined jurisdiction for specific reasons) and

the child and at least one parent have significant connections with Illinois; and

substantial evidence exists in Illinois concerning the child’s care, protection, training, and personal relationships.

To determine whether Illinois is the right place to file your child custody dispute call us today to discuss. During our initial evaluation of your situation, Maduff’s Divorce Lawyer - Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

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Considering Divorce: Some Questions to Ask Yourself

Divorce is never an easy decision. It will fundamentally alter your relationship with family, friends, and your children. It also has significant ramifications for your financial future. 

Dr. Nikki Martinez wrote a post on Huffington Post recently and outlined some important considerations. 

Why Divorce May Be the Right Decision for You

Divorce is usually the right decision when there is an underlying problem that directly impacts the relationship in a negative way. Dr. Martinez highlighted a few of those:

Infidelity

Violence

Addiction

Mistreatment towards the children

There are also other key considerations that come into play - particularly as the children leave the house. Often spouses that find themselves spending a lot more time together (whether the result of retirement or otherwise), simply find that they are no longer a match. This has resulted in a rise of Grey Divorces. 

Why Divorce May Not be the Right Decision for You

Divorce is a life-altering event. It can cost a tremendous amount of money. It creates uncertainty about your finances and your relationships that matter (family, friends, and children).   Dr. Martinez pointed out common reasons to try and work things out:

Family

Health

Financial

You once loved one another

At the core of each of these principals is the commitment to one another (or maybe to the children). There are often very important reasons that the marriage works - maybe not for love - but to support your children and maintain a certain lifestyle. 

When you meet with your divorce lawyer, you should consider the ramifications of the divorce to you, your family and children. Divorce may not be the best option right now. An initial consultation will hopefully provide you more information and enable you to make an informed decision.

In this difficult time, there are often many options and legal solutions to a problem. During our initial evaluation of your situation, Maduff’s Divorce Lawyer - Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

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Why You Need a Divorce Lawyer During Your Mediation

Mediation can be a very effective tool to reach an agreement with your spouse while reducing the potential cost of a divorce.  Often clients assume that they can do a divorce mediation without an attorney. The reason for this assumption varies, but often participants in a mediation question the value of a lawyer when the mediator is there to facilitate and guide them through the mediation. However, it is important to recognize the mediator’s role - to make a deal. That means the mediator’s interests are not aligned with your own and are often adverse - because he needs you to compromise more than you want to (or should) to get the deal done. Mediation is still an adversarial process (nothing like litigation) and you need an experienced advocate at your side to maximize your opportunity.

Before the Mediation

A divorce lawyer will work with you before the mediation. Unlike litigation in court, in a mediation each spouse plays an active role. You will be expected to discuss your assets, child support, spousal support, and your goals of the mediation. Unlike litigation where this is primarily  handled by your family law lawyer, you will play a critical role in mediation. 

To prepare for the mediation, you and your divorce lawyer will discuss the process, expectations, and work on your message and setting goals. 

During the Mediation 

Your divorce lawyer’s role during the mediation will focus on providing you support and negotiation tactics. Your lawyer is also another “body” in the room that is there to protect you and your rights and ensure you accomplish your goals. 

After the Mediation 

Your divorce lawyer will be responsible for ensuring the final legally binding documents embody the agreement reached. It is not uncommon that a spouse wants to re-negotiate a settlement. Having your own lawyer participate in the mediation can ensure the final documents are accurate, complete and protect your interests. This can prevent significant post-divorce costs. 

In this difficult time, there are often many options and legal solutions to a problem. During our initial evaluation of your situation, Maduff’s Divorce Lawyer - Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

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Developing an Action Plan with Your Family Law Lawyer

At your initial consultation with your Divorce Lawyer, you should expect to discuss an action plan moving forward. Once you’ve signed the retainer, the first step is developing that plan to achieve your goals. 

In the short-term, that plan should explain the immediate first steps that will be taken, your responsibilities, your lawyers’ responsibilities and the expected timeline. However, you should also be developing a long-term map of your divorce. This should be geared towards explaining how your lawyer expects to get from point A to point B and the expected cost. 

A good divorce lawyer will be able to draft an accurate action plan of each step that will be taken and the budget to execute that plan (assuming nothing out of the ordinary arises) before you leave the office. 

In this difficult time, there are often many options and legal solutions to a problem. During our initial evaluation of your situation, Maduff’s Divorce Lawyer - Walker Lawrence - will walk you through all aspects of a divorce and what options may be best for your situation. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

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Financial Mistakes: How to avoid them in Your Divorce

At the heart of many divorces is the division of property and assets. These decisions often come down to the value of assets, managing risk, and preparing for finances post-divorce. There are a few key items that can help you avoid costly long-term mistakes.

Creating a Budget

Preparing a budget can go a long way towards success in a divorce particularly a prolonged dispute with your spouse. 

At your first meeting with your divorce lawyer, you should have a candid discussion about cost and your budget. 

You also need to prepare a budget once the divorce is final. This can be a key element when evaluating spousal maintenance and it cements a solid foundation for your post-divorce life. 

Being prepared on both fronts will maximize your chances of a successful divorce and for years to come.

Understanding Assets

In a divorce, assets play a critical role. There are three considerations for any asset:

Is the asset marital property or separate property?

What's the value of the asset today versus what it is worth?

Are there any tax implications associated with an asset?

Marital vs Separate Property

Depending on the state you reside, different rules will apply. But generally, what you owned before the divorce is separate property (and therefore cannot be divided or given to your spouse). There are also other types of assets that even if acquired during the divorce continue to be separate property (e.g. inheritances, certain gifts, certain types of lawsuit awards). However, as a general rule, anything earned during the marriage or commingled with marital property is marital property. 

An Assets Value May be Different from its Worth

While keeping a valuable asset (like a paid-off home or a nice car) looks good on a financial statement, the value of that asset may be depreciating over time. For example, a home has relatively high annual cost (repairs, upkeep, and property taxes) and can be a significant tax burden when sold if its value has increased significantly over the purchase price. 

Other assets are growing in value with little or no financial upkeep and have a minimal tax burden long-term. This would include retirement assets or other equities. Maintenance (or Alimony) may also be preferred over keeping an asset.

Tax implications

Virtually every asset has a tax benefit or burden associated with it. It is important to have a tax adviser working with your Family lawyer to fully evaluate and understand how your taxes are impacted by the decisions being made in your divorce. 

Here at Maduff we work with our clients to prepare them for each step of the divorce. Please review our website and provide your contact information. We will give you a call back in 24 hours and schedule a free initial consultation. We are also available at 312-276-9000

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The Initial Consultation with your Divorce Lawyer

When you have a meeting at work you prepare an agenda; when you go to the grocery store you prepare a shopping list; when you go to meet your Divorce Lawyer you should be prepared.

The initial consultation is an opportunity to begin evaluating your situation. Your lawyer should go through the process, your options, and the best way to move forward. It is the first meeting, not the last. Not everything will be resolved and it is important to go step-by-step and use the meeting to make sure you are comfortable with the lawyer. 

What do you Need to Prepare Before Your Initial Meeting?

Before meeting with your divorce lawyer, you should prepare a few documents. 

Biographical Information. All contact information for you, your husband, and children. This includes addresses, phone numbers, Date of Birth, social security numbers, phone numbers, and work history. 

Marriage History. A narrative of your marriage. This should include the date of your marriage, the status of your marriage, the problems that have led to the divorce, and relationships with children.

Questions. This is your time to get your most pertinent questions answered by a lawyer. Take advantage of this time to learn. An informed client is a good client. 

What Documents Should you Bring?

In any divorce, the marital assets are critical. To understand those assets and strategize you should bring all financial documents you believe to be relevant. Below is a non-exhaustive list of relevant financial documents (if you schedule a free consultation with Maduff we will provide you with our own list of important documents):

Tax Returns for the last three years

Retirement statements (401ks, IRAs, Pensions)

Life Insurance policies

Bank Account statements

Investment statements

Wills

Trust agreements

Real estate tax bills

Loan Agreements

Credit Card statements

Any document filed in court.

What should you expect to be discussed

While each divorce is unique and therefore each consultation tailored to the client, you should expect a couple of common issues to be brought up.

Options. There are usually options in any divorce. That may mean litigation, mediation or collaborative divorce. Each option has unique benefits and drawbacks. Understanding those differences is important.

Developing a Plan. Depending on your situation, you and your lawyer should begin drafting a plan to move forward together as a team. 

Money. You should discuss a budget. While your lawyer cannot tell you the exact cost, there are milestones in a divorce and your lawyer should be able to explain the time involved (and the cost). 

If you have are contemplating divorce, please go our Chicago Divorce Lawyer website and schedule a time to discuss your situation.  We offer a free initial consultation. Please review our disclaimer. 

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Social Media and Divorce

Social media creates a landmine for missteps, admissions, and risks. As with any litigation, social media can and will be used against you. But given the extremely sensitive nature of divorce - literally one post can ruin a marital agreement reached in mediation or create evidence in a child custody battle.

If You Post It - It is Public

There is a misconception that if you use Facebook’s “privacy” protections to limit who sees any post on Facebook it is private. No. First, any “friend” that can see it can download the picture or take a screen shot. That means it can be shared freely. Second, in a divorce, the spouses often share mutual friends on facebook. There is nothing that prevents that content from not being shared with the other spouse. 

Similarly, while a twitter account can be kept private and an instagram profile behind a privacy wall, any one user that sees the content can share it. Our phones today can capture a tweet or a photo with a screenshot and share it.

Finally, snapchat creates the false impression that a shared photo disappears. It does not. It can grabbed by any of your followers. Your phone keeps a record. 

Social Media is Subject to Discovery

Social media is a treasure trove of information that can be requested in discovery. A simple document request can request a spouse (1) provide their entire facebook history (private messages included), (2) download and disclose your entire twitter stream, and (3) request all the photos and messages on your phone.

Whether those requests would be allowed is a different issue -- but those discovery requests are becoming more and more commonplace.

Social Media Creates Too Much Risk

One of the key roles your divorce lawyer plays is controlling your message: to the judge, to opposing counsel, and to your spouse. Social Media is the antithesis to control. 

Constant posting about details of your life (particularly about the children) increases the likelihood that a message could be misunderstood or taken out of context. It risks manufacturing controversy where one does not exist. A mediation agreement can be tossed to the curb if a spouse gets upset. Posting on social media is simply too risky when weighed against its benefits.

Finally, people cannot control what gets posted by others. A friend could post a picture of you while you’re out drinking/smoking and tag you. That is instantly shared with your friends (and your friends’ friends) and can be used as leverage to show a parent is unfit, irresponsible or negligent. An innocent picture with a new friend could be seen as evidence of unfaithfulness. In short, you cannot control what happens on social media and that can hurt you.

If you have are contemplating divorce, please go our Chicago Divorce Lawyer website and schedule a time to discuss your situation.  Please review our disclaimer.

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Working With Your Lawyer to Make a Winning Team

When your relationship is heading towards divorce and you meet with your lawyer for the first time that’s the beginning of a new team. A client and lawyer must work together to achieve your goals.

Credibility

In any case, but particularly divorce, a client’s most valuable asset is their credibility. In a divorce proceeding, a client  must maintain credibility

With their lawyer

With their children

With social workers

With a guardian ad litem

With your soon-to-be ex-spouse

With the judge

Your lawyer will present the facts on your behalf to the Judge, but sometimes you may be asked to speak. It is imperative that you and your lawyer speak with one voice. If your credibility is called into question it can cast a negative light during the rest of the legal proceedings. 

Being Honest With Your Lawyer

The attorney-client relationship is a special relationship that is entitled to numerous protections. Anything you say with your lawyer is confidential and cannot be shared with anyone. That protection is designed to ensure that you as the client share freely everything that is related to your situation. 

In so doing, it allows you and your lawyer to discuss any sensitive topics and create a consistent response throughout the proceedings to maintain credibility. 

Let Your Lawyer Decide What is Relevant

Clients often think it is their job to decide whether a piece of information or a document is relevant or related to the divorce. While in most cases, it is obvious, there is usually something the client thinks is not important but it really is important. 

One of the most valuable jobs performed by your lawyer is helping guide you through all the information and separating the wheat from the chaff. 

If you need to talk with a Chicago Divorce Lawyer please visit our website and we can set up a time to discuss your situation.  Please review our disclaimer.