The Impact of Social Media on Divorce Proceedings.

With the holiday season upon us, it is important to revisit the slippery slope of how Facebook and Twitter have become key components in many divorce cases.  We accept that Facebook, for example, has become something many rely upon for near-daily communication as well as entertainment.  However, it also poses a unique challenge as it pertains to divorce and child custody issues.  It is extremely important to choose carefully what you decide to post if you are going through such proceedings.

Know that any party or friend of that party who is involved in a divorce will look at the social media posts of their former spouse.  NEVER post false or derogatory comments about your former or soon-to-be-former spouse online.  Resist the urge to check in at places like the local bar.  Change your social media passwords.  Refrain from posting any videos or photos that you suspect may be used against you.  Among other things, review what your friends are posting about you and ask them to remove any damaging photos.  How you feel and act toward the other parent is a “factor” a judge considers in awarding or taking-away custody!

There is much more to understand about the power of social media upon the eventual resolution of your divorce case.  For more in depth information pertaining to your specific case, contact Illinois Divorce Attorney Vincent Ruggiero at 630/654-0044.  He will provide assistance with your divorce matters in DuPage, Will, Kane, and Cook Counties.

Social Media and Divorce.

Social media sites, such as Facebook, have become a tool we rely on daily for communication and entertainment. While social media has many benefits, it also poses a unique challenge when it comes to divorce and child custody issues. It is very important that whomever is going through these types of proceedings is aware that their own words posted on the Internet can be used against them in court.

The end of a marriage is an emotionally charged event, motivating some to vent on social media about their former spouse. However, you may want to think twice before you hit "post," because you may have to end up explaining yourself in court. Despite social media privacy settings, it is possible for information that you only intended for a secure group of people to be accessed by others not intended. For that reason, one should be cautious about how pictures and content could be misinterpreted or perceived.

Parties involved in a divorce look to their former spouse's social media accounts for information that can be used against them. The following are social media tips while going through a divorce:

•Posting false comments online could land you in hot water for libel.

•Resist the urge to "check-in" places. While it may seem harmless at the time, check-ins at the local bar could affect a child custody hearing or a spouse's accusation that there is a problem with alcohol. If you're involved in an especially contentious divorce, or are being threatened with violence, you shouldn't advertise your whereabouts on the Internet.

•Be sure to change your social media passwords.

•Do not post any videos or photos you wouldn't want a judge or your former spouse's attorney seeing.

•Avoid posting derogatory statements or photos of your former spouse. If it were to result in the loss of employment, you could be left paying the bigger price in the end.

•Review what your friends post about you. Ask anyone to remove any damaging photos of you that are posted.

•Posting content about "work being super busy" will cause major damage if you are claiming that you have no income.

•Additionally, posts about major purchases, expensive dinners, and vacations won't help if you support your claim for spousal support or additional child support.

•Deleting your social media account is a logical option if you are worried that you won't be able to resist posting certain information online. Beware, just because your account has been deleted it doesn't mean that past content can't be retrieved.

For more in depth information pertaining to your specific case, contact Illinois Divorce Attorney Vincent Ruggiero at 630-654-0044 for assistance with your divorce matters in DuPage, Will, Kane, and Cook Counties.

The Surrogacy Law In The State Of Illinois

A Wisconsin case may set a new precedent for surrogacy policies across the country. The Supreme Court found that a surrogate mother's agreement to give birth to a child while terminating all birth rights is not enforceable.

This situation involves two couples that were friends. The one couple agreed to be a surrogate, being inseminated with the childless couple's sperm. Both parties had attorneys and agreed to a written contract where the surrogate mother forfeits any parental rights and custody. The couple receiving the child thought they had covered all of their legal bases, then issues arose when the surrogate mother changed her mind about giving up the baby.

The initial judge in this case ruled that the surrogate's parental rights could not be bound by such an agreement because it didn't meet the requirements for voluntary termination of parental rights. Later, a judge ruled that the biological father would retain sole custody of the child, with visitation rights to the surrogate. The case was sent to the Wisconsin Supreme Court after the biological father appealed the judgement.

The Supreme Court found that the original agreement between both parties must be considered when the case goes to trial in a lower court, however the surrogate's parental rights may still stand despite the contract.

Surrogacy laws across the country are complex and sometimes vague, and Illinois is no exception. Illinois surrogacy agreements only pertain to gestational surrogacy, not traditional (in traditional surrogacy, the surrogate is also the egg donor). In order to have a legal leg to stand on in Illinois, the surrogate mother cannot also be the egg donor. In this situation, the child is now three years old and legal battles are still ensuing.

For more in depth information pertaining to your specific case, contact Illinois Family Law Attorney Vincent Ruggiero at 630-654-0044 for assistance with your Family Law matters in DuPage, Will, Kane, and Cook Counties.

Who Qualifies To Receive Spousal Support In My Illinois Divorce?

Going through a divorce can leave you with many questions, mainly about your financial future. Fortunately, we're here to help. 

What is spousal support? 

Spousal support is a court-ordered provision for a spouse after separation or divorce. It is also referred to as alimony or maintenance.

Who qualifies to receive spousal support in my Illinois divorce? 

• In Illinois, courts don't observe fault in the determining of spousal support. They do however take into consideration:
• the length of the marriage;
• the age, emotional, and physical state of both spouses;
• the standard of living established during the marriage;
• both spouses' property and income, including marital and non-marital; 
• the financial obligations of each spouse;
• the earning capacity of the spouse requesting spousal support;
• any element that the court believes is fair and just. 

If both spouses are able to support themselves, the court may not award any spousal support, even in the case where one spouse out earns the other substantially. In that situation, the court may compensate the lower earning spouse by distributing more of the martial property to them.

Can I receive spousal support during the divorce proceeding? 
Yes, however Illinois courts won't decide on a permanent spousal support order until the divorce proceedings have ended. You may receive temporary support while the divorce is underway. The amount can be decided by both spouses. If an agreement cannot be reached, a judge can order one spouse to pay temporarily. This temporary order usually ends when the final judgement of divorce is reached.

How long does spousal support last? 
This depends on the situation. Short-term rehabilitative maintenance can last as long as it takes for a spouse to gain the necessary skills to become financially independent. Longer-term maintenance can be set for a time period then reviewed at a later date to determine whether it should continue as is, be decreased, increased, or terminated.

Can the spousal support schedule or amount be changed? 
It can. Alimony can be made modifiable or non-modifiable by spouses, if they agree. If they do not agree to make spousal support non-modifiable, the payment commitment terminates automatically when the spouse receiving support remarries, lives with a new partner, or dies.

For more in depth information pertaining to your specific situation, contact Illinois Divorce Attorney Vincent Ruggiero at 630-654-0044 for assistance with your spousal support matters in DuPage, Will, Kane, and Cook Counties.

What Not To Post On Social Media While Going Through A Divorce

Social media sites, such as Facebook, have become a tool we rely on daily for communication and entertainment. While social media has many benefits, it also poses a unique challenge when it comes to divorce and child custody issues. It is very important that whomever is going through these types of proceedings is aware that their own words posted on the Internet can be used against them in court.

The end of a marriage is an emotionally charged event, motivating some to vent on social media about their former spouse. However, you may want to think twice before you hit "post," you may have to explain yourself in court. Despite social media privacy settings, it is possible for information that you only intended for a secure group of people to be accessed by others not intended. For that reason, one should be cautious about how pictures and content could be misinterpreted or perceived.

Parties involved in a divorce look to their former spouse's social media accounts for information that can be used against them. The following are social media tips while going through a divorce:

• Posting false comments online could land you in hot water for libel. 
• Resist the urge to "check-in" places. While it may seem harmless at the time, check-ins at the local bar could affect a child custody hearing or a spouse's accusation that there is a problem with alcohol. If you're involved in an especially contentious divorce, or are being threatened with violence, you shouldn't advertise your whereabouts on the Internet. 
• Be sure to change your social media passwords. 
• Do not post any videos or photos you wouldn't want a judge or your former spouse's attorney seeing. 
• Avoid posting derogatory statements or photos of your former spouse. If it were to result in the loss of employment, you could be left paying the bigger price in the end. 
• Review what your friends post about you. Ask anyone to remove any damaging photos of you that are posted. 
• Posting content about "work being super busy" will cause major damage if you are claiming that you have no income. 
• Additionally, posts about major purchases, expensive dinners, and vacations won't help if you support your claim for spousal support or additional child support. 
• Deleting your social media account is a logical option if you are worried that you won't be able to resist posting certain information online. Beware, just because your account has been deleted it doesn't mean that past content can't be retrieved. 

For more in depth information pertaining to your specific case, contact Illinois Divorce Attorney Vincent Ruggiero at 630-654-0044 for assistance with your divorce matters in DuPage, Will, Kane, and Cook Counties.