Recent Blog Posts
Will I Lose My Business in an Illinois Divorce?
In Illinois, couples who get divorced are entitled to marital property. As a general rule, assets that were acquired during the marriage by either spouse are considered marital property and belong to both parties. There are some exceptions to this, like inheritances or gifts that were given to one spouse exclusively. For the most part, however, both spouses are entitled to a share of marital assets and it is up to the court how to divide them.
This leads many business owners who are facing divorce to wonder what will happen to their business once the marriage is dissolved. Every divorce case is different, however, so there is not one uniform answer. For more information, consult an Illinois divorce attorney who will explain whether your business is considered marital property and how it can be divided in a divorce.
Is My Spouse Entitled to a Share of My Business?
Generally, a business that you launched during the marriage would be considered a marital asset, meaning that your spouse is entitled to a share of it. However, even if you started the business before the marriage, it may still be seen as marital property. Illinois law gives courts wide leeway to decide how to divide assets, and a judge may decide that a company launched before the marriage should be divided among both spouses. This can happen if the non-owner spouse contributed to the business in some way, like if he or she cared for the children which freed up the other spouse to focus on the business.
What Are the Legal Defenses Against a Heroin Possession Charge?
Heroin is classified as a Schedule I narcotic in Illinois. Possession of heroin is a serious offense that carries severe penalties like prison time and hefty fines. In addition to dire sentences, a conviction of heroin possession can appear on your criminal record and affect your future.
Understanding the possible legal defenses against a heroin possession charge is a great first step toward fighting such accusations in court. The best way to protect yourself is to hire an experienced Illinois criminal defense attorney who will build a strong defense and ensure the best legal outcome possible.
What Are the Penalties for Heroin Possession in Illinois?
Possession of less than 15 grams of heroin is a Class 4 felony which carries a fine of up to $25,000 and a prison sentence of one to three years. Anything above that quantity is considered a Class 1 felony and carries a fine of up to $200,000. Prison time varies depending on the amount of the drug that was found:
What If My Ex Refuses to Follow the Parenting Time Schedule?
Getting divorced is a major life transition that can require many adjustments. One of the biggest challenges that divorced parents face is adapting to parenting time schedules. Parenting time means the time a parent spends with his or her child, or what other states call physical custody. In Illinois, parents who want to get divorced are ordered by a court to adhere to a parenting time schedule. The details of the schedule are laid out in a document called a parenting plan and describe how physical custody will be divided between the parents during the school year, vacations, and holidays.
Occasionally, emergencies happen or the day gets away and a parent may be late dropping the child off. However, if a parent consistently ignores or refuses to abide by the parenting time schedule, it is considered a violation of a court order. If your ex is failing to honor the schedule set out in your parenting plan, consult an Illinois parenting time attorney.
How Can I Prove Self-Defense in an Aggravated Battery Case?
Aggravated battery is a serious crime that carries severe penalties in the State of Illinois. One of the possible defenses against an aggravated battery charge is that the defendant acted in self-defense. While this may be a valid plea, it can be hard to prove. The law believes strongly in the right of individuals to defend themselves against threats; at the same time, however, society must be protected from wanton violence.
Proving a claim of self-defense depends on various factors such as the level of force used and the circumstances surrounding the incident. It can be difficult to persuade a judge that your aggravated battery charge should be dismissed due to lawful self-defense. The best way to prove a self-defense claim is to hire an experienced Illinois criminal defense attorney to build your case.
What Is Aggravated Battery?
Illinois law defines battery as willfully causing bodily harm to someone or touching someone in "an insulting or provoking" way.
Child Custody: What Does "Best Interests of the Child" Mean?
If you are going through a divorce and you have minor children, you are probably familiar with the term "best interests of the child." Do you know how Illinois defines this term and what it means for parental responsibilities?
Co-parenting is rarely easy, but an experienced Illinois parental responsibilities attorney can help you create an effective parenting plan that protects your children’s best interests.
What Are the Best Interests of a Child?
When parents with minor children separate or divorce, they must establish a parenting plan. This legal document lays out how parents will make decisions for their children and the amount of time each parent gets with them.
If you and your ex cannot agree on a parenting plan, the courts will decide. They will use what they deem to be the child’s best interests when making the determinations about parental responsibilities (custody), decision-making responsibilities, and parenting time (visitation).
When Your Teen is Charged With Vandalism
In Illinois, vandalism is characterized as the intentional damage, defacement, or destruction of someone else’s property without permission. Acts of vandalism include graffiti, window breaking, tire slashing, and other forms of damage. It is a criminal offense that carries significant legal repercussions, particularly for minors. If your teen is faced with a vandalism charge, an Illinois lawyer can possibly help.
Penalties for Juvenile Vandalism
When a teen under the age of 18 is charged with vandalism in Illinois, he will typically face proceedings in the juvenile court system rather than adult criminal court. However, this does not mean the charges should be taken lightly. Depending on the extent of the damage and the teen’s prior record, penalties may include:
- Restitution: Your teen may be required to pay for the damage he caused.
Understanding Uncontested Divorce in Illinois
Couples who can reach mutually agreeable terms for divorce have the option of ending their marriage in a much smoother, less acrimonious way. When you have what is called an uncontested divorce, you get to cut out a lot of the time and money spent typically on a divorce process. Not everyone is eligible for or interested in an uncontested divorce. This article will explain what is involved in an uncontested divorce, and if it interests you, a skilled Will County, IL divorce lawyer can provide more information specific to your case.
What is Uncontested Divorce?
When a couple gets a divorce, they need to draft agreements on all the ways their once-merged lives will go on separately once the marriage is over. If they have children, the list of things they need to agree about is even longer. If a couple can come up with a settlement that addresses every aspect necessary, including spousal support, parental custody, the division of assets, etc., they can have what is known as an uncontested divorce. They need to draft their own settlement proposal and then bring it to the court for approval by a judge.
What Happens a Minor Is Caught Shoplifting in Illinois?
Sometimes a kid steals something because they need it and cannot afford to buy it. Sometimes they steal for the thrill they might get. Whatever the case may be, stealing is against the law and if you are caught doing it, you can face serious consequences. Anyone under the age of 18 is considered a minor in America and is typically tried in juvenile court. However, even if they are not tried as an adult, they can face similar penalties and charges. This article will explain what happens when a juvenile is caught shoplifting, but if this has happened to your son, you should speak with an experienced Will County, IL juvenile defense attorney who can provide more information specific to your case and help defend him in court.
What Is Considered Shoplifting?
It is commonly known that when you want something you see in a store, you can pay for it and then you can take it. Shoplifting, legally referred to as retail theft, is when you take merchandise from a store or some other retail establishment without paying for it.
Understanding the Ways You Can Pay Child Support in Illinois
When it comes to child support payments in Illinois, understanding the various payment options available is crucial for both parents involved. From wage withholding to electronic payments and mailed payments, there are several methods to ensure timely and consistent support for children. If child support is relevant in your divorce proceedings, a dedicated attorney can ensure you understand your rights and options.
At Reeder & Brown, P.C., our compassionate legal counselors have immense knowledge and experience in matters related to family law and divorce in Illinois. Regardless of what legal goals you are looking to accomplish, Attorney Brown and Attorney Reeder are ready to provide you with the representation you need and deserve.
How Illinois Property Division is Handled
Illinois is an equitable distribution state and divides marital assets accordingly during the divorce process. To further understand how Illinois handles property division after a divorce, an experienced attorney will have the insight and knowledge you will need.
Equitable Distribution
Equitable distribution is the method used to decide how marital assets are divided in the state of Illinois. Instead of dividing everything in a 50/50 split between spouses, Illinois chooses to divide things equitably and fairly. Many things can factor into how assets are divided including:
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Any businesses owned between the parties
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How much each spouse contributed to the ownership of assets
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Whether either spouse is responsible for an outsized accumulation of debt unrelated to the marriage
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