Recent Blog Posts
How Can I Expunge My Child's Juvenile Records in Illinois?
Parents want the best for their children. So if your child runs into legal trouble, your first instinct is to protect them. In truth, no child deserves lasting consequences for a simple mistake in their youth. If your child has a juvenile record, there are steps you can take toward expungement, especially with the help of a credible juvenile law attorney.
What Offenses Are Expungeable?
Expungement is a legal procedure that conceals certain criminal records from the public eye. This process offers young people a fresh start in life. It is no secret that a criminal record can cut you off from various opportunities.
In some cases, expungement is automatically applied. But not everyone has that benefit, and not all juvenile records in Illinois are eligible for expungement. If your child satisfies the requirements listed below, they may qualify:
Why Should Teens Worry About Juvenile Charges if the Record Automatically Seals in Adulthood?
If you are a juvenile who has recently been arrested and charged with an offense, you may not know what to expect. If you have heard that your juvenile criminal record is automatically sealed when you reach adulthood, you may feel as if there is nothing to worry about. Your future employers and landlords will likely be unable to see your juvenile record. In fact, publicly, it will appear as if the adjudication of delinquency never happened. However, there are still problems a juvenile criminal record can cause both right away and later in life. You may face issues like getting in trouble at school or not being accepted to your college of choice. Additionally, the judicial penalties can last years, even continuing up until you are 21 years old or older. If you have been charged with a juvenile crime, it is important to take the situation very seriously. An attorney can take steps to begin protecting your future prospects as soon as they are involved on your case.
Most Common Reasons for Failing to Pay Child Support and Steps to Take if Payments Are Not Received
Child support plays a crucial role in ensuring the well-being and upbringing of children following a divorce or separation. Unfortunately, some individuals fail to fulfill their child support responsibilities despite legal obligations. Today, we will delve into the most common reasons for non-payment and provide practical guidance for those facing difficulties receiving child support payments. If you are owed child support and are not receiving it, contact a family law attorney immediately to ensure your child’s interests, as well as yours, can stay protected.
Most Common Reasons for Non-Payment
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Financial hardship – One of the most common reasons for non-payment is financial hardship. Sudden job loss, medical emergencies, or other unforeseen circumstances can significantly impact a parent’s ability to pay child support. It is crucial to understand that even genuine financial difficulties may not absolve individuals of their child support obligations, as court orders usually require prompt notification and legal remedies for modification.
5 Complex Divorce Situations and How to Address Them
Even “simple” divorces are not always simple. Even when a married couple has little marital property and no children, their divorce may take some work to finalize. Other divorce situations are clearly more complex. Spouses who are deeply financially entangled may face struggles in determining how to split complex assets and who is entitled to what share. People who are divorcing an abusive or mentally ill spouse may struggle to find a method of resolution that will be effective. Spouses who divorce near retirement may have unique challenges in their case regarding how retirement assets should be divided. Cases like these can be difficult from both a legal and emotional perspective. If you know from the outset that your case is likely to involve complex aspects, it is important to look for an attorney who understands these specific circumstances.
What to do if Your Child's Father Will Not Sign a Voluntary Acknowledgement of Paternity
More and more children are born to unmarried couples. While in the past, this could have been scandalous, today it is a very normal way to begin a family. However, there are some steps unmarried parents may need to take to establish that the child’s birth father is their legal father as well. In most cases, unmarried parents have the simple option of filling out a Voluntary Acknowledgement of Paternity at the hospital when the child is born. This document allows the father to be listed on the birth certificate along with the mother. However, VAP’s are just that - voluntarily. No one can be compelled to sign a VAP, even if it is very clear who the father is. In some cases, if a father refuses to sign a VAP, the mother must go to court in order to have that man established as the father of her child. Establishing paternity is an important step that must be taken before the mother can begin pursuing child support or enforcing her child’s other rights. It is best to be represented by an attorney if you must go to court to establish your child’s paternity.
Will My Criminal Conviction Affect My Child Custody Case?
If you are a parent involved in a child custody dispute, you may have worries over whether your criminal conviction could have an impact on the results of your custody case. It is reasonable to fear that if you have a conviction, the judge may see you as less of a fit parent. However, for the vast majority of parents with a criminal record, this is not necessarily true. The court will consider the nature of your criminal conviction in determining whether it should have any bearing on your child custody case. A great number of people with a history of criminal convictions are excellent parents, and Illinois family law courts are well aware of this. However, certain convictions relating to violence as well as sex crimes can have an impact on what type of custody arrangement the court will believe is best for the child. It is best to consult an attorney if you have a criminal conviction that may affect how the court views your abilities as a parent
How Police Errors Can Lead to False Arrests
Whenever a crime is committed, it is the police who are entrusted with arresting the perpetrator of that crime in order to ensure the community is protected. However, there are far too many investigations where errors are made and the wrong individual is accused. The repercussions of these police errors can be profound, leading to the erosion of an individual’s rights, misidentification of suspects, compromised evidence, and ultimately, a tainted criminal case.
Misidentification and False Accusations
One of the most consequential mistakes made by the police is misidentifying a suspect. Eyewitness misidentification is a well-documented issue, where witnesses may inaccurately identify a person due to flawed memory or suggestive police procedures. These errors can lead to innocent people being wrongfully accused, arrested, and charged with crimes they did not commit. In many of these cases, especially for those defendants who do not have a seasoned criminal lawyer defending them, they are found guilty.
What is the Difference Between Adultery and Infidelity in Illinois?
Adultery generally refers to sexual relations with a person other than one’s spouse. Infidelity encompasses a broader range of unfaithful behaviors, including emotional and physical affairs outside a marriage. The state of Illinois has their own laws regarding the distinction between adultery and infidelity. It is well known that a betrayal of this nature often leads to divorce in the state of Illinois and across the country.
Adultery in Illinois Law
In Illinois, adultery is defined as having sexual relations with someone who is not your spouse in an “open and notorious” way. Adultery is considered a Class A misdemeanor in Illinois. It can result in a fine of up to $2,500 and up to a year in jail. However, criminal charges for adultery are rarely pursued, as the laws are considered outdated compared to modern views.
Infidelity in Illinois Divorce Cases
Illinois is a no-fault divorce state, which means that all divorce filings are based on the grounds of “irreconcilable differences.” As a result, adultery is not listed as a reason for divorce in Illinois.
Can I Pursue an Uncontested Divorce if My Spouse Was Abusive?
Uncontested divorce offers a number of benefits over traditional, litigated divorce. Filing an uncontested divorce can function as a sort of shortcut. It often takes much less time than a contested divorce. Waiting for court dates and compiling evidence can be time-consuming and may delay your divorce for a long period of time. You would also most likely need to face your spouse in court and answer their attorney’s questions. This process can be stressful, and keep you feeling trapped in a marriage you no longer want to be in. Guarding your mental health while you are in the process of escaping an abusive marriage is very important. Contrary to popular belief, you may be able to file an uncontested divorce without ever coming face-to-face with your abusive spouse.
In many cases, an experienced divorce attorney can help spouses resolve the issues in their divorce case without bringing the spouses together. There are options for negotiating a divorce settlement that do not involve spending time around the mediation table with your spouse. Our lawyers can help you explore your options.
What is Included in an Illinois Parenting Plan?
Divorced parents and unmarried parents who split up may use a parenting plan or parenting agreement to describe each parents' rights and responsibilities. The instructions contained in a parenting plan specifically outline the terms of the agreement between two parents. These instructions become a legally-binding agreement that both parents must abide by, and any violation of the parenting plan may result in legal consequences.
Allocation of Parental Responsibilities
In an Illinois parenting plan, the parents will describe how major decisions about the child will be handled. Will one parent make all of the decisions about the child's upbringing or will the parents share decision-making responsibilities? Illinois law specifically asks parents to describe how decisions about the following key issues will be handled:
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