The Ramifications of Logging on Facebook During Your Divorce

Rolling Meadows Divorce Attorney

Whether you utilize social media to keep up with old high school friends, to engage in political debates, or to post pictures of your cat, you may find yourself guilty of over-sharing on Facebook. While usually this is a benign social taboo, over-sharing can cause big problems for you during pending divorce proceedings. You may think that since you and your pending-ex are not "friends" or your profile is "private" that this may shield you from any possible concerns. However, this is not the case and pending divorcees should be especially cautious when posting on all social media outlets. An experienced divorce attorney can help you understand the reasons to keep your private life private, especially during divorce proceedings.

What's the Big Deal?

Most posts on social media, whether it be Twitter, Facebook, Instagram, or any other site of choice, are harmless. Generally, no harm can come from telling people where you were on Saturday, what you spend your money on, or where you happen to spend time after work. A soon-to-be ex-spouse may care a lot, however, if your posts are indicating cheating, involve lavish expenses with money you claim you do not have, or suggest you are trying to hide your assets one way or another. These posts can be used against you, and many courts are becoming much more open-minded about allowing social media posts and text messages to become part of the official court record and considered as evidence against you.

Spousal Maintenance Considerations

Changes in relationship status, use of photographs, or other personal status updates may tip off your spouse that you are engaging in behavior that may change the terms of your divorce settlement. Though most divorces are not "fault-based" anymore, infidelity may still be a basis for changes in property division and add to the already contentious issues surrounding the divorce proceedings.

Also, in less amicable divorces, possible stalking or harassment charges may follow if social media is over-utilized between the parties. Whether it includes going off on a rant that defames or libels your ex or his/her new partner, or incessant undesired communication, social media communications can be tracked, traced, and kept in records for later use. You must assume that everything you post on any internet-based platform or application will be disseminated for all to see, including the courts.

Child Support or Custody Considerations

Likewise, if you are begging for time with your kids, but then pawn them off on a babysitter to hit the beach, this can become public information very quickly. If you are competing for custody rights to your children, your divorce is not the time to publicize your relaxing kid-free vacation, complain about parenting responsibilities, or give your ex any reason to think that you might not be cut out for a parenting role in the future. Some of the many types of posts that may affect your future ability to spend time with your children include:

• Photographs depicting drug/alcohol use;
• Inappropriate remarks regarding the care of the children;
• Angry, sarcastic, or ranting discussions regarding the children, custody, or the ex spouse;
• Your children's posts: note that children under 13 are not allowed to have Facebook and other social media profiles; failure to supervise children and allow them access to these sites may also have negative consequences for your future parenting time allocation; and
• Posts showing children involved in objectively dangerous activities or social situations. While these are all things that should generally not be shared on social media in the first place, this is especially true during divorce proceedings where your spouse is likely looking for ways to make you look bad.

Contact Our Rolling Meadows, Illinois Family Law Firm

At the Law Offices of Donald J. Cosley, attorney Donald J. Cosley is an experienced Rolling Meadows divorce attorney that can help explain all of the ways social media may be utilized in a divorce. Whether it be helping protect your assets or ensuring that you receive what you are entitled to from your ex-spouse, Attorney Cosley has deep knowledge of the Illinois divorce court system to ensure that your case is approached appropriately given your unique circumstances. Whether you are considering divorce, in the middle of a divorce, or believe your divorce decree must be modified, Attorney Cosley can help. Reach out to his Rolling Meadows, Illinois law firm to learn more about social media and divorce law today.

Illinois Parenting Agreements and the New Guidelines

Rolling Meadows Child Custody Attorneys

Recently, we explored some of the sweeping changes to the Illinois Marriage and Dissolution of Marriage Act ("Act") that took effect as of January 1, 2016. Today, we want to zoom in on one particularly important change that affects divorcing couples with children. What was previously referred to in the Act as "custody" is now broadly recognized as "allocation of parental responsibilities," which is determined largely by a parenting plan submitted to the judge by the parties. This new section seeks to remove some of the seemingly harsh labels associated with the division of parental rights, including the determination of who has decision-making authority as well as living arrangements. Including as many contingencies as possible in your parenting plan can eliminate the need for post-divorce decree modifications and ensure that the divorce transition is as smooth as possible for your child.

What is a Parenting Agreement?

According to 735 ILCS 5/602.10 under Illinois law, the parenting plan is a "written agreement that allocates significant decision-making responsibilities, parenting time, or both." This plan must be submitted by each party to a divorce within 120 days of filing for an allocation of parental responsibilities (which is typically done simultaneously when filing for divorce when children are in the picture). Note that this new law also allows for an order to be entered regarding the allocation of parental responsibilities for non-divorcing, but separated, couples as well.

The plan must be submitted by each party or, ideally, jointly by both parties. While the court will consider the plan as it is presented, the court may make modifications in the interest of the best interests of the child. Otherwise, the court will not accept the agreement only if the agreement is considered "unconscionable," a very high standard that suggests there was wrongdoing or impropriety in crafting the agreement. Thus, if the parents can agree on a parenting plan and they sign and indicate such, it is likely binding upon the parties. The parties may be susceptible to an evidentiary hearing regarding the terms of the agreement if there are concerns that the parenting plan may not be in the best interests of the child or children. As with all child-related divorce matters, the best interests of the child is always the forefront consideration.

Failure to timely submit a joint parenting plan or failure of each party to submit their own parenting agreement may lead to evidentiary hearings regarding the best interests of the child as well, in addition to potential mediation and subsequent court appearances. The parenting agreement need not be submitted if the parties intend on mediating the terms of the parenting plan.

What Happens if My Spouse Fails to Comply With the Parenting Agreement?

Though under a different title, violation of parenting agreements has the same effect as violating a custody arrangement. Failure to comply with court orders, particularly when children are involved, can have significant consequences. Failing to abide by the rules and limitations of your parenting plan may lead to fines or civil contempt of court charges. Some parents try to monopolize their parenting time by "over-scheduling" their children to disproportionately spend time with one parent, even if technically in compliance with provisions of the parenting plan. These seemingly innocent technicalities can have serious consequences ranging from contempt to modification of parenting plans in a manner you may not find favorable. Thus, it is the best practice to come up with an agreeable plan up front, stick with it, and communicate frustrations or proposed modifications right away if they arise.

Rolling Meadows, Illinois Parenting Plan Divorce Attorneys

As a parent going through a divorce, the best thing you can do is ensure that your parenting plan is amicable, fair, and, most importantly, in the best interests of your child. Coming to an agreement with your spouse from the beginning will ensure a faster and more agreeable process and also hopefully limit or eradicate the need to modify the parenting plan in the future. At the Law Offices of Donald J. Cosley, we have the legal experience necessary to help you navigate your divorce involving children from start to finish. Regardless of whether you are considering divorce, in the middle of a divorce, or are having problems agreeing to a parenting plan with your spouse, skilled Rolling Meadows family law attorney Donald J. Cosley can help.

Dealing With a Divorce During Tax Season

Rolling Meadows Divorce Attorney

While divorce is stressful any time of year, it is worth considering what impact a divorce will have on your taxes. Since we file taxes in arrears, your filing status is determined by what your marital status was on the last day of whatever tax year you are filing for. For example, your 2015 taxes, filed in 2016, are determined by your marital status on December 31, 2015. Getting divorced now will affect your 2016 tax return, but not your 2015 tax return. While most married couples choose to file their taxes together, this is not always the case. Regardless of whether you have historically filed your tax returns separately or together, understanding your options post-divorce is one of the many important financial considerations when going through divorce proceedings.

Divorced Versus Separated: Why It Matters

According to Forbes.com, the IRS can be picky about whether you were adjudicated divorced, separated, or still married when it comes to your tax returns. Usually, the divorce must be considered final or there must be a court-order adjudicating the parties separated for the purposes of filing taxes. The best way to understand the nuances of these categorizations, and what they mean for you, your marriage, your children, and your taxes, is to consult with an experienced Illinois divorce attorney.

Matters Involving Children and Support

Your status as divorced, separated, or still married affects how exemptions will be allocated on your returns as well. Most commonly, married persons have allowable exemptions for their children and spousal maintenance, but note that child support payments are not taxable income. Spousal maintenance payments, however, are considered income and the receiving party must pay for any taxes that are ultimately owed as a result.

As for the children exemptions, once you are divorced or legally separated, only one parent may claim the children on their taxes. This is typically the custodial parent, or the parent that spends the most physical time with the children. New Illinois divorce laws that went into place in January 2016 remove the term "custody" from the statute, making the determination of who ultimately has "custody" of the children a more difficult task.

Many smart parents will consider how the tax deductions the children provide for them will affect their finances down the road. Deductions, or for other parents, lack thereof, may be offset in the form of the amount of spousal maintenance provided to the other spouse in hopes of their being some equity to the division.

Marital Assets and Property Division

The tax consequences of divorce span beyond exemptions for children and spousal support, and extend to the often one time tax ramifications of property transfers. When property is being split, whether it be real property in the form of homes or commercial buildings, personal property with assessed value, or income derived from assets, stocks, bonds, retirement accounts, and anything else that may be divisible at the time of the divorce, these things play a role in the tax filings of each respective spouse as well. Sometimes, one large lump-sum of money is transferred to a recipient of spousal support, but this payment is not generally taxed for the recipient, nor can it be deducted by the payor. Understanding which spouse can receive which tax filing benefits post-divorce can be complicated, and requires a methodical, big-picture approach to understanding the tax consequences of your decision to get divorced and how you to decide to divide your assets.

Rolling Meadows Family Law Firm

At the Law Offices of Donald J. Cosley, skilled Rolling Meadows family law attorney Donald J. Cosley has the experience necessary to handle all variations of family law matters from start to finish. Regardless of whether you are simply considering divorce, if you are currently negotiating terms of a settlement agreement, or if you have a complex, high-asset divorce, Attorney Cosley can help. One of the things that can make a divorce so stressful is a lack of understanding of the divorce procedures and options. At our firm, each client has an opportunity to ask questions, understand what is going on at each step, and make sure that all available options have been presented to them. Contact the Law Offices of Donald J. Cosley's convenient Rolling Meadows, Illinois family law firm at 123-456-7890 today for a free initial consultation.

Holiday DUIs and Roadblocks in Illinois

Rolling Meadows DUI Attorney

Illinois law enforcement has made a demonstrated effort to reduce traffic accidents in 2015. Over the past Thanksgiving holiday, for example, roadblocks and checkpoints led to numerous traffic tickets and drunk driving charges being filed against drivers. With more holidays quickly approaching, the Illinois State Police issued a list indicating the four biggest things to watch out for on the roads: distracted driving, drinking and driving, speeding, and failing to wear a seatbelt. Following simple safety procedures can greatly limit your chances of being involved in a life-changing vehicle accident or being arrested or cited for a driving-related offense.

The Illinois State Police "Fatal Four"

Drinking and Driving

Drinking and driving is arguably the greatest concern of local police during the holiday season. During this time of year, people are taking time off of work, going on vacations, and reuniting with old friends and family. Often, these social gatherings involve alcohol and can go late into the night when judgment is already potentially clouded. Arranging a ride in advance if you plan on drinking is one easy way to avoid alcohol-related accidents and criminal charges. Other tips include appointing a designated driver, using a ride-sharing service, or enjoying yourself somewhere close to home so you can walk.

In addition to the possibility of causing an accident, drunk driving can lead to arrest and criminal charges. Illinois is known to have some of the most severe DUI punishments in the country; a first time offender faces a mandatory suspension of their driver's license, in addition to facing a Class A Misdemeanor, the most severe classification and the one that carries the possibility of court supervision, fines, and/or jail time. Second and third time offenders may almost certainly face jail time and will also have driving privileges limited if not revoked entirely.

Most of us know someone that has consumed alcohol and driven; regardless of whether they were caught, the possible repercussions are severe. In Illinois, local law enforcement agencies often team up and place roadblocks on entryways of public roads, stopping vehicles to ensure the driver's sobriety. The officers may ask basic questions and check the driver's license, registration, and proof of insurance. The officers may also check for other infractions such as drug possession, seat belt usage, or speeding. These roadblocks have proven extremely effective at catching an array of offenders from petty offenses such as driving with a taillight out or failure to carry insurance all the way through felony drinking and driving charges. Part of the roadblock's purpose is to serve as a deterrent, to help prevent people from drinking and driving in the first place knowing that facing these roadblocks is a possibility.

Speeding

In addition to the increase in adverse weather conditions in the late fall and winter months, mere speeding also contributes significantly to the overall amount of accidents during the holiday season. This is particularly true in special speed zones, such as construction zones, where the possibility of punishment is severe if you kill or injure a worker. The fines are steep in these specific zones and may also lead to aggravated speeding charges when the driver was found to be driving over 26 miles per hour. These are not simple speeding tickets; these are serious charges that can destroy your driving record and your ability to hold a license in the future. These infractions require effective representation that can assist you with your traffic ticket offense.

Distracted Driving

Distracted driving certainly falls under each of these categories—it is even more detrimental to be drinking and driving or speeding while also being distracted by a cell phone call, text, radio, or passenger. There is no shortage of information available about the dangers of distracted driving, and with the advents of new technology, it is only continuing to be a greater concern on our roads.

Distracted driving is completely avoidable and can be remedied by turning your phone on "do not disturb" or "airplane" mode to avoid the temptation of responding to text messages, e-mails, or calls while operating the vehicle. Interestingly, many studies have shown that talking on the phone (yes, even on a hands free device) can be as dangerous as texting. In either case, your attention is diverted away from the road and focused on your conversation.

Rolling Meadows, Illinois Criminal and Traffic Defense Attorneys

Regardless of whether you are facing a traffic infraction with a nominal fine or a felony drunk driving charge, our firm understands your concerns and can help you craft the best defense for your unique set of circumstances. While the holidays are particularly troubling for many drivers, driving offenses happen all throughout the year. If you or anyone you know is in need of a skilled Rolling Meadows criminal defense lawyer, contact the Law Offices of Donald J. Cosley at 123-456-7890 for a free consultation today.