Being a divorce lawyer who witnesses the painful looks on faces often, I understand the disappointment, the anger and the fear. The stark reality is that divorce law is blind to the broken heart. Although our statutes dictate the processes by which marriage is ended and property divided, it is impossible to legislate the process by which we emotionally heal. Financial prudence sometimes requires tough choices and a client might be required to negotiate property rights and children’s visitation schedules while deep relationship wounds continue to throb. Wounds only heal by degrees and that process is often slower than the duration of the average divorce. My simple advice:
Customarily, it does not matter who initiates the divorce in Illinois. The Illinois Marriage and Dissolution of Marriage Statute at 750 ILCS 5/503(d) provides that the conduct of a spouse should not effect how property is distributed in a divorce. There are limited exceptions to this rule and other legal approaches to recoup losses in circumstances such as when a spouse has gambled away hard earned marital savings. The Court will look for fair and just solutions in family law, but that does not mean always mean equal. Look at the following image:
This is a cautionary blog.
Your behavior on Facebook and other social media may have a bearing on your divorce and the future custody of your children. ABCNews.com has reported that approximately one-third of divorce filings in 2011 included the word FACEBOOK in them. The article further disclosed that more than 80 percent of divorce attorneys report that social networking behavior is finding its way into divorce proceedings.