Spouses getting divorced in Illinois have often dealt with marital conflict for many years. Such conflict rarely occurs only in person; there are often reams of texts, voicemails, emails, and other recorded or written evidence documenting spousal conflict. Rarely are any of us at our best during moments of heated conflict and we often say things we do not mean or later regret. Nevertheless, if a spouse has said questionable things that are documented in writing or in a recording, they may be used against him or her in divorce court. It is important to understand when voicemails, texts, and emails can be used as evidence–and just as important to understand when someone can “gather” evidence by recording their spouse. 

Are Texts and Emails Admissible as Evidence in Illinois Divorce Court? 

Generally speaking, anything your spouse has free access to can be used as evidence in court. This includes emails, texts, and voice recordings that you voluntarily sent. While adultery cannot be used as fault-based grounds for divorce, other behavior documented in texts or emails can be used against you. This includes threats, abusive language, discussions about the kids, and more. However, there are situations in which it may be possible to question the authenticity of a message. For example, if you went to lunch with your spouse to discuss the divorce, left your phone on the table while you went to the bathroom, and your spouse sent herself threatening texts from your phone. 

Your spouse cannot illegally access your information by hacking into your computer, social media accounts, or other private records. This may be considered an “intrusion upon seclusion,” even if a private investigator is the one who does it. It is important to talk to your attorney to find out whether your spouse has violated any privacy laws. 

Before the introduction of no-fault divorce, spouses wishing to get divorced in the United States had to prove that one spouse was responsible for the breakdown of the marriage. Usually, this involved proving infidelity, abandonment, abuse, or another similar issue. Known as “showing fault,” this process could be lengthy, difficult, and expensive. Spouses accused of fault-based action could try to defend themselves, which could further complicate the process. Even when spouses both wanted a divorce, they often had to agree to demonstrate “fault” through a fabricated story. 

Around 50 years ago, no-fault divorce entered the American judicial system. While some states still allow spouses to prove fault and receive certain benefits from the divorce as a result, other states - including Illinois - no longer allow spouses to prove fault at all. Instead, spouses may only cite “irreconcilable differences” as the reason for divorce. This may be frustrating for some spouses who feel as though their partner’s actions have clearly led to the breakdown of a marriage. If you are in this situation, it is important to know what you have to do to prove the relationship has ended and to have experienced legal representation from an Illinois divorce attorney. 

Irreconcilable Differences in Illinois Divorce

Spouses who claim they have irreconcilable differences are essentially saying that their marriage has broken down beyond the point of repair. It does not matter why. Although certain behaviors, like abuse or intentionally wasting money after the breakdown of the marriage, can result in one spouse getting more of the marital estate or sole custody of a couple’s children, Illinois judges cannot consider “fault” when making decisions about a divorce. 

Divorcing couples frequently experience conflict over how to divide their marital estate. They may disagree over what should be considered marital versus personal property, as well as what constitutes an “equitable” division as required under Illinois law. 

Complex assets can further complicate this already challenging area. One type of asset - intellectual property - can be difficult to value and even more difficult to divide. If you are getting a divorce in Illinois and either you or your spouse owns intellectual property, such as original books, music, artwork, copyrights, etc., contact an experienced Illinois asset division attorney who can help. 

Is Intellectual Property Marital Property? 

While the spouse who created the intellectual property may very much feel like the rightful owner of their own creative output, under the law, anything of monetary value earned or generated by either spouse during the marriage is generally seen as a marital asset. In that sense, intellectual property is marital property - as long as it was created during the marriage. 

Illinois law requires both parents to financially support their children. Generally, when parents are not divorced, separated, or never married, this means that one parent pays the other child support. The financial burden of raising children is high and is only expected to get higher, and families rely on child support payments to make essentials such as housing, clothing, and healthcare possible. 

If a parent stops paying child support, the financial burden on the receiving parent and the children can be immediate and overwhelming. It may be tempting to withhold parenting time or make other threats to try to obtain child support, but these strategies may ultimately backfire. Instead, read on to learn about your options for recovering unpaid child support and then contact an Illinois child support recovery attorney for help.  

When is the Law on My Side for Recovering Child Support? 

The first thing you need to do when getting the law on your side when it comes to child support is make sure you have an enforceable child support order. A verbal agreement between parents may have worked when times were good, but without a court-ordered child support order, the law has no teeth. If you do not have a child support order, getting one needs to be your first priority. 

Private equity partners, venture capitalists, and hedge fund managers and employees deal with intricately detailed financial transactions every day. These employees are typically very well compensated for their skills and knowledge, and their divorces can end up being more complicated than a typical divorce by orders of magnitude. 

Just one of the areas of compensation that may need to be handled in such a divorce is carried interest. Carried interest is a complex area of finance that usually needs to be viewed as part of a spouse’s overall income. Its involvement in divorce often makes necessary the help of financial experts and accountants in asset division negotiations. 

What is Carried Interest? 

Carried interest is compensation paid to general partners of private equity, venture capital, and hedge funds and is tied to a fund’s performance. It is a share of profits and is usually only paid if the fund performs at a specific minimum rate; it can therefore take many years to earn and may be paid out at once or as part of an ongoing return. Because general partners have usually invested in a fund, carried interest is taxed similarly to a return on investment rather than regular income. General partners may also charge a management fee, which is paid in addition to carried interest but without the performance conditions.