Articles Posted in Divorce Trends and Developments

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In my practice, much of the emphasis on this blog is placed on complex child custody litigation, and how to manage these difficult issues with child custody litigation.  Yet, in some of my cases along with child custody issues there can be significant financial issues and division of property issues. One issue that sometimes arises is the valuation of a family owned business, or the valuation of a percentage share in a corporation our group of companies.

With certain exceptions  all property acquired during marriage through the time, skill and efforts of either spouse is considered marital property. The disposition of property is governed by Section 503 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Under Illinois law, all property acquired by either spouse during a marriage is presumed to be marital property.

A business begun by one spouse after the date of marriage and before physical separation will need to be divided in a dissolution proceeding, and if you and your spouse cannot agree on its value it may need to be evaluated by an expert.  Under the IMDMA the Court can appoint its own expert to advise it about financial issues in a case, but more typically each arty will retain a CPA-level expert to determine values in the business and property interests, and then be available to testify at trial (if necessary) regarding the values that the Court should determine in a marital estate.

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https://amandasillars.com/blog/f/parental-alienation-literature-2016-and-beyond?blogcategory=Books

Amanda is the founder of the Eeny Meeny Miney Mo Foundation and the creator of the Australian Parental Alienation Awareness Day, on the 12th of October. Amanda is regularly consulted as an emerging subject matter expert in this field. Amanda’s goal, and that of the Eeny Meeny Miney Mo Foundation, is to educate parents, Family Court and mental health practitioners on parental alienating behaviours, the dynamics, processes and profiles, and the trauma, stress, and lifelong impact it has on children.

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Nearly 40% of the Parental Alienation literature has been published since 2016. Parental Alienation research has moved beyond an early stage of scientific development and has produced a scientifically trustworthy knowledge base.

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So what accounts for the post-holiday divorce?

Why Does Divorce Spike In January?

According to experts, the biggest reason that divorces rise following the holidays is a desire for one person in the marriage to start fresh and begin another year with a clean slate.

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In the USA alone, an alarming number of families, estimated over 22 million, are affected by parental alienation. Millions of children are held psychological hostage by parents they trust.

Through manipulation and coercion, innocent children are weaponized against the alienated parent. Children are involuntarily forced to align entirely with one parent and sever ties with the other. They are forbidden to love a parent with whom they were previously close to.

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Targeted parents and alienated children suffer the effects of this atrocity for a lifetime.

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Aside from memberships in leading psychological science groups such as the American Psychological Association, and memberships with Parental Alienation professional groups (clinicians, judges, scientists, lawers), I continue to study and develop professional skillsets in the understanding of PA and how it affects families, and how it can be mitigated within the court system.

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Module 1: How Can Parental Alienation Happen?

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How Will Temporary Court Closures Due to COVID-19 Affect Family Law Cases?

Many clients of our firm are asking this important question: What is the immediate impact on my case if my courthouse is closed for weeks or months, starting right now?

It has been only since last Friday that the various counties in Illinois announced via email and posts on their websites that the courthouses were to be closed for about 30-45 days, while the COVID-19 pandemic works its way through Illinois. Many of our cases were set for important hearings with our judges in March and April, and now these cases will have to be reset. Some will be reset by the courts, and others are being reset by agreement with opposing counsel.

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” Top Divorce Law Blogs

We ranked the top divorce law blogs based on website authority, inbound links from other sites, and Twitter followers. The following blogs are regularly updated to provide valuable information on divorce law and insights into a career at a family law firm. ” 
Illinois Divorce Law Blog 28 5.02 66 5

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A quick note to discuss the art and science of managing complex divorce and post-decree cases for my clients.

For me, it is a privilege to represent men and women facing some of the most challenging life changes and decisions, whether they are facing a new divorce filing, or dealing with the aftermath of a divorce (often when the predecree case was handled by another attorney) and problems or issues arise that weren’t managed well in the predecree phase.

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Doing this work well for my valued Clients requires experience, insight into the best outcomes and solutions, as well as a passion for the craft of managing family law cases.  I feel that it is critical that to be successful in this work, a lawyer must approach this profession with a strong measure of empathy and passion; the ability to truly diagnose the problems that the case presents, and to provide creative, insightful and positive outcomes for the Client and their children.

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Working with high conflict personalities, I have always been open to approaches that can manage difficult issues with HCPs (High Conflict Personalities), without necessarily involving the courts every time there is a dispute, or transgression by a HCP.  One way of dealing with difficult personalities in divorce is to have a Parenting Coordinator involved in the case. What is a Parenting Coordinator (PC) ? Essentially, a PC acts as a middleman, referee, and dispute resolver.  The PC can make recommendations to a solution for a disputed issue.  In other words, the PC can act almost as a magistrate for the judge, and help the Court manage these difficult issues without court involvement.  Because the PC acts almost like a magistrate judge, some judges in the Family Courts do not like to appoint PCs, believing that they are essentially usurping the function of the judge.  However, for certain cases, it is my opinion that a Parenting Coordinator can be a valuable tool and resource in managing issues that arise with a HCP.

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Parenting Coordination began gaining recognition in the 1990s as a result of presentations and trainings first offered at conferences such as the Association of Family and Conciliation Courts (AFCC) and by experienced Parenting Coordinators. Initially there were variations in role, source and degree of authority, and practice in different jurisdictions, and different titles were used to describe this innovative intervention model, including Special Masters, Co-Parenting Facilitators, or Mediator/Arbitrators. In 2003, AFCC appointed an interdisciplinary task force to develop Guidelines for Parenting Coordination to guide mental health professionals, mediators, and lawyers with respect to training, practice, and ethics (AFCC, 2006).

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An article published in one of the leading bar journals discussed the use of social media postings as evidence in court cases. The article happened to concern a criminal case, where a Facebook posting allegedly made by a defendant using his mother’s Facebook page had statements from the defendant admitting to the time, place and means of the crime. Certainly Facebook and other social media are much more often employed these days in divorce and child custody cases, where parents try to assemble negative information and evidence concerning their spouse’s behaviors, infidelity, or use the social media platforms to stalk or otherwise gather information about their former partners and their habits and behaviors.

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Whenever evidence is to be used in a court hearing, the evidence must meet certain tests for reliability.  One does not have to be a forensic IT expert to know that a fraudulent Facebook page or identity can be created, or that a post can be posted by someone claiming to be another person.  Because of the nature of this possible lack of trustworthiness, courts have struggled to define the foundations that must be laid in order to admit social media evidence.

Social media evidence has garnered the most distrust. As one court explained, “[t]he concern arises because anyone can create a fictitious account and masquerade under another person’s name or can gain access to another’s account by obtaining the user’s username and password.” Another concern is that regardless of whether the information is genuine or fabricated, it is “available by performing a Google search… forever,” giving the impression that it is accurate and true. Griffin v. State, 19 A.3d 415, 421-22 (Md.)  Generally, a witness authenticating electronic evidence must “provide factual specificity about the process by which the electronically stored information is created, acquired, maintained, and preserved without alteration or change, or the process by which it is produced if the result of a system or process that does so.” As pointed out by Griffin, the “most obvious method [of authentication] would be to ask the purported creator if he/she indeed created the profile and also if she added the posting in question.” Id.

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