Thanks to social media and a host of smartphone apps, it is now possible to essentially track your every movement throughout the day. This can be a dangerous thing, especially if you are in the midst of a divorce. Information gleaned from a Twitter or Facebook account—or even location data from a partner's mobile device—can be used as evidence against you in court.

French Lawsuit Says Uber App Bug Caused Spouse to Suspect Cheating

Many people enjoy a false sense of privacy when they use a social media account or app. They assume that just because they use a password to log in, that means their data is hidden from a spouse or any other party. That is not always the case. Virtually all software contains bugs that may be exploited, and, in some cases, a person's unfamiliarity with the software may lead to the accidental disclosure of potentially damaging information.

Many Illinois divorces are caused—at least indirectly—by adultery. When a person discovers their spouse is cheating, they understandably hurt and angered. In some cases, the jilted party may want to seek (legal) revenge against the person who stole their spouse. But can you actually pursue legal action against your spouse's lover? Historically in Illinois, the answer was yes. Illinois long recognized two torts known as “alienation of affection” and “criminal conversation.” Also known as “heart balm torts,” these are basically civil claims for adultery brought against a third party.

Illinois Abolishes “Heart Balm” Torts

In 2015, the Illinois General Assembly rewrote the state's divorce laws. As part of these reforms, the legislature also abolished future lawsuits for alienation of affection and criminal conversation. However, parties may still pursue these claims based on acts that took place prior to January 1, 2016, the date the new divorce laws took effect.

A divorce involves a number of technical legal issues. One of the first questions you may have is: "Where should I actually file for divorce?" In some cases, the answer may seem obvious, but if you and your spouse are already living apart–and in different states–then the matter is a bit more complicated.

The Importance of Jurisdiction

Not all courts are the same. The law determines what types of cases a particular court may decide. This is known as jurisdiction. If a court lacks jurisdiction, it cannot hear the case.

Retailers often consider the holiday season–late November through the end of December–as their peak season. But once Christmas and New Year's end, does that signal the start of peak divorce season? A recent study published by a major university suggests it just might.

Sociologists Identify “Twin Peaks” in March and August

Last August, sociologists at the University of Washington presented the findings of a comprehensive survey of 14 years worth of divorce data from Washington State. Specifically, the researchers examined divorce filings from 37 of Washington's 39 counties during the period from 2001 to 2015. What they found was there were consistently two “peaks” in divorce filings each year: one in March and the second in August.

There are dozens of details surrounding a divorce. One that may get overlooked is estate planning. Most couples have previously signed wills, powers of attorney, and advances directives for health care naming the other spouse as their agent. Once a divorce is final, however, these documents may no longer reflect each party’s wishes.

Wills

When it comes to estate planning after divorce, Illinois law actually provides some assistance. If you executed a will prior to divorce that named your then-spouse as executor or a beneficiary of your estate, any such provision is automatically revoked once the divorce is final. The rest of your will remains intact; only those provisions affecting your former spouse are invalidated.