In U.S. constitutional law, there is a concept called “full faith and credit.” It comes from Article IV, Section 1 of the Constitution, and it basically establishes that decisions made in one state must be honored in other states unless doing so would be in direct conflict with to their own laws. While “full faith and credit” is not a concept from family law, the basic concept does still hold true in that generally, decisions and orders from one state must be followed in all the others. This also applies to many (though not all) directives from foreign countries. If you have had any reason to deal with an international divorce, adoption, or another cause of action, you may have a case to bring suit for the harm you suffered, for all the good it may do.

Divorces

Some people mistakenly believe that it is not possible to divorce outside of the state you were married in, but this is not the case, at least according to Illinois law. It is possible to divorce anywhere, and most of the time, that divorce will be honored, though there is no specific law demanding that it be. There is nothing to lose and much to gain by honoring a divorce obtained in another country, though there are certain characteristics that may jeopardize that decision. For example, a divorce from a country such as Pakistan that does not recognize U.S. decrees of this nature may not be honored in the U.S. because of a lack of reciprocity. Another reason is if the divorce was obtained in a religious court or under religious law.

Determining parental responsibilities (previously referred to as child custody) is often the most contentious issue in an Illinois divorce. It is common practice for a court to award one parent primary residential responsibilities while requiring consultation with the other parent over major decisions affecting the child's living arrangements, health care, education, and other matters. In many cases, the court will also direct each parent not to disparage the other to the children or take any action designed to interfere with their respective parent-child relationships.

Mother Loses Custody Due to False Allegations, Refusal to Seek Therapy

This is important because the court may reconsider and alter custody arrangements if one parent actively tries to undermine the other. In extreme cases, the court may transfer sole decision-making authority from one parent to the other. A recent case from Cook County illustrates the type of circumstances where this can happen.

Technology has become an integral part of our lives so it should come as no surprise that evidence mined from smartphones, computers, and social applications are being used in divorces and custody battles across the country. But just how frequently is technology being used in family courts? And what does it all mean? Could your text messages, photos, or social media posts lead to potential problems down the road?

Increased Reliance on Digital Data

According to a recent survey of American Academy of Matrimonial Lawyers (AAML), 97 percent of members reported an increase in the submission of technology-based evidence. Phone logs, call histories, internet and browsing histories, and GPS information were all said to have been used by members, but the bulk of evidence came from emails, text messages, and social applications. More specifically, 41 percent of AAML members cited the use of Facebook information, 17 percent reported the mining of Twitter accounts, and 16 percent reported the submission of evidence from Instagram.

At the beginning of this year, major updates to the Illinois Marriage and Dissolution of Marriage Act came into effect, and changed the way various issues regarding divorce, child custody, visitation, and other significant issues are handled in Illinois family cases. One such major change is in when parents seeking to relocate with their children should seek permission from an Illinois court before making the move.

Parental Moves

Previously, a parent could relocate or move anywhere within the state without seeking permission from the court, however, the parent was generally restricted from relocating to an out of state location without judicial permission. Therefore, if a parent was moving across the state with his or her child, he or she could arguably have done so making it very difficult for the other parent to challenge the move. If, however, the parent wanted to move a short distance across the border to a neighboring state, he or she had to go to court first and get permission.

No one will argue with the assertion that divorce is a stressful time. Part of what makes the process so nerve-wracking is that you often have little concrete evidence that your ex-spouse is treating you fairly and respecting the rules of the court. And while there are some divorcing spouses who flagrantly ignore court orders and clearly indicate they have no desire of following the law, it is more common for ex-spouses to attempt to covertly manipulate the process so as to disadvantage the other spouse. One popular means by which one ex-spouse attempts to get an advantage over the other spouse is through “hiding marital assets” he or she may have in his or her possession. By either failing to list certain property on required disclosures or by affirmatively representing to the court and to you that he or she no longer has certain valuable property, the ex-spouse is hoping to gain a larger share of the marital assets when they are divided.

How Can I Tell if My Ex Is Hiding Assets?

It can be difficult to know if your ex is hiding assets or not. Some of the more common “red flags” that assets are being hidden include: