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Social Media in Divorce Proceedings

Social Media in Divorce Proceedings Technology No Comments July 19th, 2013 The only thing that does not change is change. Lawyers must modify and change the way they prepare for highly conflictual cases in these changing times.  To do so, they need to understand and know the right questions to ask about social media. By Judge Michele Lowrance and Pamela J. Hutul, Family Lawyer According to the American Academy of Matrimonial Lawyers, more than 80 percent of divorce attorneys surveyed reported an exponential increase in the amount of evidence collected from social networking opportunities in the past five years. The purposes and consequences of searches of social media produce rich information which can be used by and against litigants on trial or in settlement negotiations. This article will review the where and what can be procured, how we as advocates can delve for treasure on the  social media websites and in digital communications, as well as protec...
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Spousal maintenance guidelines become law in Illinois

Spousal maintenance guidelines become law in Illinois A new public act dramatically changes how spousal maintenance is determined for divorcing couples whose combined gross income is less than $250,000. The law,  P.A. 98-0961 , which was crafted by the ISBA Family Law Section Council, creates a formula for calculating maintenance based on the gross income of the parties and the length of the marriage. Up till now, judges calculated maintenance without using a statutory formula similar to the one that applies to child support awards, instead relying on a list of factors that appear at sections 504 and 505 of the Illinois Marriage and Dissolution of Marriage Act. As a result, maintenance decisions vary widely, and lawyers have found it difficult to predict what a court will do when awarding maintenance. The new formula will change that, once a court makes the threshold decision that maintenance is appropriate in a given case. Although judges aren’t required to use the form...
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When Buyer Closing Goes Wrong

When Buyer Closing Goes Wrong Real estate transactions can close in as little as a half hour, although most take longer. Some closings take hours, even days, longer than planned. It's a little like getting out a map and estimating cross-state driving time without knowing about a major construction project that has tied up traffic for miles. Like the driver who asks about potential delays, the buyer who spends time researching potential problems in advance is the buyer most likely to reach the destination on time. Just remember that real life interferes with even the best-laid plans. There is no guarantee you will close on time. Some of the delays in closing could be errors in documents, money arriving late or in the wrong amount and discoveries made during the buyer's final walk-through. Common problems Here are some common problems and solutions: Problem: Errors in documents Document problems can be as simple as a name misspelled or a transposed num...
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Foreclosure and Divorce

Divorce and foreclosure often go hand in hand. If you find yourself facing a divorce, you may have questions about your current home mortgage, particularly who is liable for the debt after the divorce and how to avoid a foreclosure. Read on to get the information you need to help you through this difficult time. (To learn the ins and outs of the foreclosure process, and foreclosure procedures in your state, visit our  Foreclosure Center .) Who Is Responsible for the Mortgage? The first thing that a divorcing couple must first figure out is who is responsible for the mortgage debt. In many cases, when married couples first take out a mortgage, they obtain the loan and take title to the property jointly. In other circumstances, just one spouse may take out the mortgage and sign the promissory note. Signing a mortgage and promissory note has important legal and financial ramifications. The note creates the promise to pay, whereas the mortgage creates the lien on the property. (Le...
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A Guide to the New Illinois Civil Union Law

Illinois Lawyer Now Illinois Courts Bulletin ISBA Case Digests Section Newsletters Bookstore Classified Ads Advertise with ISBA The Magazine of Illinois Lawyers May 2011 • Volume 99 • Number 5 • Page 232 • Print Family Law A Guide to the New Illinois Civil Union Law By Richard   A.   Wilson Beginning June 1, the Illinois Religious Freedom Protection and Civil Union Act confers most of the rights of marriage on parties to a civil union. But definitions of "spouse" and "marriage" under federal law impose important limits on the new act, requiring special planning for "civilly unioned" couples. Don't miss the ISBA's upcoming Law Ed programs on Civil Unions! Friday, June 3 " Civil Union Practice Tips " Attend live onsite or via live webcast during CLE Fest Classic - 4 hours MCLE credit Friday, June 17 " A Roadmap to the Illinois Civil Union Act " during the ISBA Annual meeting - 2 hours...
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