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Geneva Illinois Law Blog

Do you need a forensic accountant on your divorce team?

As someone navigating your way through a divorce in Illinois, you may be trying to figure out the value of certain assets so you can determine how to divide them accordingly. Depending on the specifics of your situation and the relationship between you and your soon-to-be-ex, you may also be trying to figure out exactly how much your spouse earns or has at his or her disposal. He or she may, in turn, be trying to prevent you from doing so, and both of the above scenarios may warrant the hiring of a forensic accountant.

Forensic accountants, per Forbes, are finance and accounting professionals who may be able to assist you as you work through a variety of finance-related matters pertaining to your divorce. The forensic accountant works as a financial “detective” of sorts in many divorce cases, and many people going through divorces rely on these professionals when they feel their spouses are being untruthful about how much they make or have tucked away.

Social media activity and custody disputes

There are a number of factors which can influence the outcome of a custody case, such as the income of each parent and a track record of domestic violence. Some people may not realize, however, that there are other issues which may impact a custody decision. For example, in the digital era, many people regularly post to social media. These posts may consist of relatively mundane information regarding daily life, or they may involve personal information, such as details related to a divorce or child care. If you are in the midst of a custody dispute, it is crucial to be very careful with regard to the information you share online.

Some people may provide certain details on their social media profiles without realizing that this information could be used against them by the other parent of their child during a custody dispute. For example, someone who posts descriptions and images of regular partying, or gives reason to believe that they are mentally unstable or struggling with a drug or alcohol problem may hinder their ability to secure custody of the child. On the other hand, if you notice that your former partner is sharing details about their life that leaves you concerned, it may be necessary to bring this up in the courtroom.

How to deliver divorce papers

Getting divorced is a long and complex process. To start, you may be wondering whether you’ll need to sit down with your ex right away to discuss the terms of the divorce.

If not, how will your ex receive news of the divorce? There are actually a few different ways you can go about this process.

Open bottle in the car: What are the consequences?

Illinois takes drinking and driving seriously, which is why one can not only face charges for drinking while driving, but also for having an open container of liquor in the car with them.

These laws are made for everyone’s safety, as an NHTSA port shows that states without open container laws have a higher number of alcohol-related crashes and fatalities. What are the consequences for having an open bottle of beer or wine in the car with you?

Job loss and family law matters

Losing a job can be hard for many reasons, such as destroying dreams and shattering careers. It is very important to be aware of some of the other ways in which this hardship can carry over into someone’s life, especially if they are involved in a serious relationship. For example, someone’s marriage may be threatened by the loss of their job, whether they experience strain in their relationship due to financial stress and disagreement or develop depression and other challenges that can affect their relationship. Moreover, the loss of a job can lead to other types of family law challenges.

While job loss can lead to a divorce, a divorce can also lead to the loss of one’s job. For example, an employee’s performance may suffer because they are facing other challenges in their personal life, which highlights how crucial it is to approach divorce and other family law issues properly. For parents who are required to pay alimony or child support, finding out that a position has been terminated can be devastating. Fortunately, there are options available to some parents who find themselves in this position, such as the ability to modify a child support order as a result of major financial changes.

Illinois lawmakers debate over child custody time

There are key moments within the grueling divorce process that make a large impact on the future of both ex-spouses. For parents that decide to separate, few would argue that determining child custody isn’t the most important part of the proceedings. The court has to make the difficult decision of which parent will ultimately spend more time with the kid and play an essential role for their future and which one only spends a couple days with them in a month, maybe a year.

Like other states, Illinois primarily determines custody based on the best interests of the children. However, not everyone in the state is happy with these regulations. Recently, a state representative offered a new solution on the matter by introducing a new bill. The bill is receiving mixed attention and serves as a reminder of how controversial child custody is both in and outside of the courtroom.

Is trespassing a crime in Illinois?

Many people don’t stop to think about the potential legal ramifications of taking a shortcut through someone’s property or going urban exploring at an abandoned site. However, you and other Illinois residents may want to consider the fact that you could face criminal charges for trespassing, no matter how innocent your intentions were.

According to FindLaw, trespassing is usually considered a misdemeanor offense in Illinois, although the situation can determine the severity of the charge you face. Criminal trespass involves entering property without permission on a property owner’s land, in a residence or building or in someone else’s vehicle. Trespassing usually applies to entering the property while knowing you are not permitted there, or not leaving after being ordered to do so. When the trespass involves land or a building, posted signs and other evidence that you are not allowed to be there without permission can also apply. If you enter a residence without permission when people are there or you had reason to believe others would be present, you can face a felony charge. Additional charges may occur if theft, vandalism or injuries were involved with the trespassing.

Why might your driver’s license be revoked?

It can be inconvenient to have your driver’s license taken away, but it is even more of a problem if you are caught driving without a license and must face the additional consequences. You and other Illinois residents may wonder how easy it is to lose your driver’s license. Contrary to popular belief, drunk driving is not the only way you can have your driver’s license suspended or revoked.

FindLaw points out numerous common ways to lose your driver’s license, which can include the following:

  • Revocation after driving with a suspended license
  • Having multiple DUI convictions on your record
  • Leaving the scene of an accident where there were injuries
  • Reckless driving or drag racing
  • Having too many traffic ticket points on your record or failing to answer a traffic summons
  • Not maintaining insurance coverage as required by law

Should joint custody be an option for you?

As a resident of Illinois who is going through a divorce while you have kids to take care of, the entire situation can feel incredibly high stakes. At the Law Offices of Johnson & Buh, we're here to help you deal with stresses like determining what your custody situation will look like.

Child custody and visitation can also be known as parental responsibilities and parenting time these days. This is because of a general shift that has occurred over the years. Before, primary custody was usually given to one parent. The other would then follow a visitation schedule that allowed them to spend time with their child for a certain number of days out of a week or month.

Uncontested vs. contested divorce in Illinois

A divorce can often be a complicated process, but a couple who agrees on the issues regarding their separation can avoid a lengthy and more costly process by proceeding with an uncontested divorce.

Both types of divorce - uncontested and contested - end a marriage but in different ways and under different circumstances. Both are filed the same with the state, but for different reasons. Knowing the differences will help you know which route best fits your situation.

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