About the Firm

Our practice is limited to divorce; with over forty years combined experience and specialized financial and child development knowledge, we understand the decision to proceed with a divorce is very difficult. We treat each of our clients with respectand concern as we help them through complicated custody and financial issues. Please call our office and schedule a conference with either Benedict Schwarz or Julia Pucci to discuss your specific needs.

Monday, August 30, 2010

New Web Address

Our web address has changed to: http://www.foxvalleydivorce.com. The content remains the same you'll just find it in a new location. Our email addresses have also changed to the following:

Monday, July 12, 2010

Facebook: Changing the Start, Middle, and Finish of Divorce



I don't have a Facebook page. Not a personal one, anyway. And I don't know why I'm often proud to share that fact with others. It doesn't make me a better person, but it does put me in the minority. My husband has a Facebook page, most of my friends have a Facebook pages, and we have a Facebook page for the office. I'm on Linked In…we have a blog…but for some reason, a stigma specifically surrounds Facebook, especially when it comes to personal relationships and interfering with personal relationships.


I don't think that Facebook causes break-ups, cheating, or ultimately divorce. But, it certainly may make it easier. Never before have we had a way to think about, then look up, then contact people we used to know so easily. I often find that I have a client who discusses finding out about an extramarital relationship via Facebook, by the posting of comments on a "wall" by others, or by pictures posted, or even by comments that Facebook friends make. I also find that I have friends, outside of work, who mention that their husband or significant other was contacted by someone he used to know, and perhaps someone he used to date; often, this person hasn't made contact in many, many years. If a marriage is already faltering, a "message" from a "friend" who hasn't been seen or heard from in years may pique one's interest: "I wonder what she's doing now…maybe it would be good to meet and catch up…I certainly need something to take my mind off of my current problems…" In my opinion, it's very rare that a third party is able to break up a happy marriage. But if the marriage or relationship isn't doing so well, then it's a different story. And Facebook may facilitate this.


And what if you are going through a divorce or breakup? Facebook often comes into play there, as well. I've had many clients who have told me that their divorce was amicable, and that the parting of ways was a mutual decision; thus, a true case of "irreconcilable differences." That is, until they checked their spouse's Facebook page or was told by a friend of something on their spouse's Facebook page involving a third party, whether it is a new paramour, or one that was involved during the marriage unbeknownst to my client. In situations like this, a more simple, straightforward divorce heads into the realm of major litigation. The length of the process is extended, and so is the cost, both emotionally and financially. Again, this wasn't a situation caused by Facebook: the involvement with the third party was there, but Facebook makes it much easier to discover. Even if my client knows about a current affair, Facebook can often change the rules of the pending divorce by showing that the other spouse is spending money (vacations, gifts, parties) on the relationship, thus driving financially-fueled litigation ("she can't afford to pay our mortgage but she can afford to take a trip to Hawaii with her boyfriend???"). And when a custody battle is pending, printed-out Facebook pages are often sliding across my desk, whether in my capacity as an attorney for one of the parents or in my capacity as a Guardian ad Litem (when I am appointed by the Court to advocate for the best interests of the children). Everything is relevant when custody comes into play, if it affects the children, and some parents make the mistake of a very transparent Facebook page. If older children are involved, they may also look at a parent's Facebook page, causing further, very complicated issues that might take therapy to resolve.


And what about the end of divorce? I recently was involved with a divorce of a younger couple, who had no children but were married for 10 years. The divorce didn't take too long, and though infidelity was involved, it wasn't overly combative. But at the end? The wife had a divorce party, complete with a cake topped with a bride chopping up a bloody groom. She even took a bouquet to the courthouse when the divorce was finalized, and took a picture of herself "tossing her bouquet" straight into the courthouse garbage can. All of her Facebook "friends" were able to see the pictures of her (in my opinion, tacky) divorce party…and her friends of course included her ex-husband and his family and friends. So this was a fairly amicable split, but because this spectacle was posted on Facebook for all "friends" to see, these two are at odds, and so are their family and friends who remained neutral and friendly throughout the process.


So what's my point? I hardly think after reading this that anyone will delete their Facebook page (why, after you've accumulated so many FRIENDS?). But be careful. You might trust your friends, but Facebook friends are a different breed, and your information, postings, and pictures will eventually get into the hands of someone who you'd rather not be privy to your personal information. Think about what you post before you post it, or it just may come back to haunt you.

Wednesday, June 23, 2010

Best Neighborhood in AMERICA!!!


Check out this article in today's Daily Herald! We are excited to announce that Good Morning America has chosen the our neighborhood (of our main office in West Dundee) as the BEST NEIGHBORHOOD IN AMERICA! And, GMA will be broadcasting LIVE from our neighborhood on July 1, 2010. So many of our clients come from our neighborhood, and I cannot say enough about how awesome the residents are. When I leave work, there is rarely a day that I don't wave to someone I know walking, biking, or rollerblading down the street with their children. It truly is a great family neighborhood and we are proud to be a part of that!

Tuesday, June 15, 2010

Updated Bios and Addition of Staff to Website!

Check out our updated TEAM pictures and bios on http://www.dundeelaw.com/!



Benedict Schwarz, II

Julia A. Pucci

Dawn Walavich, Paralegal

Angela Matijevic, Client Accounts Manager


Julie Pirtle, Paralegal

Stephanie Seyller Thompson, Paralegal



Monday, March 8, 2010

Tax Exemptions for Non-Custodial Parent?


As you may know, which parent gets the dependency exemptions for the child or children is an issue that is often raised in a divorce or parenting agreement. Generally, the Judgment for Dissolution of Marriage or Parenting Agreement will specify which parent gets to take the exemption for each child; there are instances where the non-custodial parent will be awarded the exemption, either every year or in alternating years. In June of 2009, the IRS released a memo clarifying the rules regarding a non-custodial parent's right to claim a dependency exemption for a child. In short, this memo said clearly: if a non-custodial parent will be taking the exemption for a child, the custodial parent must fill out IRS form 8332 (before, there was ambiguity in the Code as it stated form 8332 must be filled out, or another form conforming to the substance of form 8332).


Thus, if your case is pending, it might be wise to include language that Form 8332 be completed on a yearly basis in order to avoid conflict if a non-custodial parent will be taking an exemption for a child.

Wednesday, February 24, 2010

YouTube - Johnny Knoxville, Eddie Barbanell and the R-word

This has absolutely nothing to do with divorce or family law. It's just a good video.

YouTube - Johnny Knoxville, Eddie Barbanell and the R-word

Thursday, February 18, 2010

Relgion, Divorce...and Jail Time?

It's commonplace to hear of a parent being held in contempt of court and being sentenced to a period of jail time for failing to pay child support or other financial obligations. And once in a while I've seen a Judge send a parent to jail for other violations of court Orders (failing to obtain insurance, visitation abuse, etc). But sending a parent to jail for taking a child to church? This was a new one for me, but apparently Cook County Judge Ed Jordan will be faced with this very decision on March 3rd. The case is that of Joseph Reyes, who is currently embroiled in divorce proceedings in Cook County. He and his wife have a daughter, and religion has become a topic in their bitter custody battle; Judge Jordan entered an order restraining Mr. Reyes from "exposing his daughter to any other religion than the Jewish religion..." Mr. Reyes was Catholic before marriage, but converted to Judaism for his wife. The restraining Order was the result of Mr. Reyes' decision to baptize his daughter in the Catholic Church -- an event he documented and sent pictures of to his wife. After the Order was entered, Mr. Reyes decided to take his daughter to Catholic Church, after, of course, calling a local news station to memorialize the occasion. As with many issues in family law cases, it's difficult to tell if the issue of religion is truly important to Mr. Reyes, or whether he is simply looking for media attention and/or to anger his wife.

Because Mr. Reyes would be unable to undo his actions, and thus "purge" himself of civil contempt, the issue is criminal contempt. The Judge could (but it is very unlikely) sentence him to up to six months in jail. Judge Jordan's courtroom, as usual, will be very interesting when this case is heard.