hinsdale divorce lawyerResidents of Illinois may own assets outside of the U.S. for many reasons. Perhaps they are a citizen of another country who lives in Illinois but owns property abroad or are a native Chicagoan with business interests in another part of the world. Regardless of why someone owns international assets, Illinois divorce law requires that these assets be considered as part of the divorce process.

Asset division in a divorce is nearly always a complex and disputed process, and this is especially true when international assets are concerned. The allocation of assets located outside of the United States is influenced not only by U.S. law, but also by the laws in the countries in which the assets are located. 

Are Foreign Assets Marital Assets? 

Illinois law prescribes that all property acquired during the marriage is marital property, regardless of where it is located. If marital funds have been spent on an asset, even in part, both spouses will likely be entitled to a portion of the asset’s value. Non-marital property is property acquired before the couple wed or property acquired through inheritance or gifts. Property may also be considered non-marital if the property is excluded from the marital estate through a valid prenuptial agreement. 

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dupage county divorce lawyerSocial media use has become nearly ubiquitous in Americans’ everyday lives. We post pictures, talk to old friends, and share our thoughts, often without pausing to pay attention to the ways that social media influences our behavior. 

One way social media changed the nature of marriage forever is the ease with which we can now connect with people outside of in-person interactions. Unfortunately, some studies have indicated that social media usage has contributed to marital unhappiness and made it easier to have undetected extramarital affairs. On a state level, the divorce rate goes up with increased social media usage. 

Can Social Media be Used as Evidence in Court? 

The short answer is: Yes. During a contested divorce, you are under the rigorous supervision of the court, and your behavior may be scrutinized even if it seems out of context. Things that you post on social media can be used as evidence to determine whether or not you are telling the truth regarding an issue under consideration by the court. Even if you are not “friends” with or “following” your spouse on social media websites, your spouse may still access information your social media pages. 

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hinsdale divorce lawyerWhen a couple is heading for divorce, both partners are typically aware that someone will need to file divorce papers with the Illinois county’s Clerk of the Circuit Court. Only one divorce case may be filed for a couple at a time, so it is natural to wonder whether there are any advantages to filing for divorce first. 

Because Illinois is a state that only allows for no-fault divorce, you do not have to prove that your spouse did anything wrong. You must simply attest to having irreconcilable differences, and that there is no chance of the marriage succeeding. However, there may still be advantages to being the first person to file for divorce. 

You May Be Better Prepared

Sometimes, one spouse will wait to tell the other spouse that they are filing for divorce in order to surprise them. They may even do this in an attempt to get revenge. You will not be caught by surprise if you are the spouse who files first. 

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dupage county child custody lawyerGrandparents are frequently overlooked in the divorce process, but conflicts between a child’s parents and changes to a child’s schedule can seriously impact the quality of the relationship between grandparents and their grandchild. Prior to divorce or separation, grandparents are often deeply involved in their grandchild’s life, and a sudden separation from a grandparent may cause harm to a grandchild’s emotional and mental health. 

Unlike parents, grandparents are not automatically presumed to have the right to visitation or parenting time with their grandchild. If one parent has full custody rights, formally known as parental responsibilities, they may prevent the parents of their ex from visiting the child. Grandparents who want the right to visitation with their grandchild must prove in court that a lack of visitation would harm the child. 

Proving Unreasonable Denial

Parents are presumed under Illinois law to make decisions that are in the best interest of their child, including when they choose not to allow grandparents or any other non-parent to spend time with the child. Grandparents must prove that denying visitation is unreasonable and emotionally harmful to the child. The court will consider a grandparent’s petition for visitation rights if one of the following conditions are met: 

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dupage county divorce lawyerAlthough caring for a child after divorce may seem like common sense, there can be genuine questions about what the responsibilities of a custodial parent are. Fortunately, Illinois law provides very specific areas in which caregivers are responsible for children. This makes it easy for spouses or judges to recognize areas in which a custodial parent may be failing to meet a child’s needs, and sets the standard for what a child is legally able to expect from a parent. While the term “child custody” is no longer used in Illinois law, the parent with the majority of parental responsibilities and/or parenting time may still sometimes be referred to as the custodial parent.

Lawyers with experience in child custody disputes can help parents navigate the legal system and ensure their child is getting the care he or she needs. 

This includes, but is not limited to

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