Tag: Brad Tengler

Social media and divorce: A dangerous combination

Social media and divorce: A dangerous combination

As if divorce isn’t complicated already, modern divorcees now have the added component of “social media” to deal with when battling their spouse in court. Social media presents a problem for those who are going through a divorce for many reasons, as your social profile provides an insight into your life that the court might not otherwise have had.

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Evicting your spouse during divorce, is it possible?

Evicting your spouse during divorce, is it possible?

A house is one of the largest assets among a married couple.

As such when the marriage fails it can become one of the most difficult pieces of property to divide. Even during the divorce process the couple may still live in the house. However, Illinois law provides a couple of avenues that would force one spouse to leave the home while the proceedings are ongoing.

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Difference between Marital vs. Non-marital property

Difference between Marital vs. Non-marital property

What’s mine is yours. What’s yours is mine.

In some marriages people tend to share everything with their spouse. However, when it comes to divorce not everything is split 50/50. There is a difference between marital property and non-marital property.

In Illinois, the courts try to keep this area black and white, however, as with every law there are gray areas. Generally speaking marital property is everything obtained by the couple after the moment they say “I do.”

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Illinois’ new ‘Right of first refusal’ law

Illinois’ new ‘Right of first refusal’ law

It is not uncommon in a divorce for one parent to be named the custodial and the other non-custodial.

The custodial parent generally has the physical or legal custody of their children. Meaning their children live with them day-to-day, and the non-custodial parent receives visits or overnight stays.

A new provision under the Illinois Marriage and Dissolution of Marriage Act requires the custodial parent to give their ex-spouse the right to watch their children, instead of hiring a third party childcare provider, in the event they will be away from home for a long period of time.

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Child custody and support: What fathers should know

Child custody and support: What fathers should know

When a husband and wife split it is taxing on both parties and even children.

Fathers should always know their rights when it comes to child custody in a divorce. It can get easy to get caught up in the stress of splitting up assets and deciding what to do with the house and other aspects of a divorce.

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Does cheating affect custody or maintenance in a divorce?

Does cheating affect custody or maintenance in a divorce?

Infidelity is a common cause for divorce in the country. Illinois is one of only a few states that allows a party to claim adultery as a grounds for a divorce.

However, in divorce proceedings an affair will rarely extend beyond calling for the end of a marriage, and when it comes to deciding child custody, maintenance and other factors, infidelity carries little weight in the courtroom.

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Divorce – No Consent Required

Divorce – No Consent Required

Many people are under the impression that to get divorced one must get their spouse’s permission or consent. Under Illinois law this is not the case, but in some religions it is. One example is the Orthodox Jews. Orthodox Jews require that a wife receive the husband’s permission to get a divorce.

Recently, one New York Rabbi has taken action to help women obtain the permission of their husbands. Charging wives any where from $10,000 to $50,000 for his services, Rabbi Epstein would work with his kidnap team to do whatever it took to get the permission from the husband.

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Do Rapists have Parental Rights?

Do Rapists have Parental Rights?

Recent Illinois legislation, becoming effective January 1, 2014, will make Illinois’s law one of the most thorough laws in protecting the victims of rape. The issue of what parental rights rapists’ maintain became a national topic after Ariel Castro repeatedly requested visitation rights with the daughter he conceived with one of the three women he kidnapped and held captive for more than a decade.

In many states, there are few protections for women who conceive through rape. In some states, rapist fathers can prevent rape victims from placing the rape-conceived child up for adoption. In other states, the rapist is permitted to request visitation and custody rights. The lack of protection for victims in these states forces women to continually relive their attack by rapists who assert their parental rights.

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