Recent Blog Posts
Spousal Support for Homemakers and Stay-at-Home Parents in Illinois
In an ideal world, every parent would easily be able to find the perfect balance of work and family life. In reality, however, when couples decide to have children, they must make difficult decisions about paying for childcare and earning a liveable income. Many times, couples decide that one parent will stay home to care for the children while the other parent pursues a career.
This arrangement has its benefits and drawbacks. One potential downside is that it leaves the homemaking parent with little or no personal income. If the relationship sours and the homemaker contemplates divorce, he or she may feel trapped, unable to afford the legal representation they need, and worried about future finances. However, Illinois recognizes the important contributions homemakers make to their family and society. In addition to child support, the law offers protection by providing for several kinds of spousal maintenance (formerly known as alimony).
What is the Difference Between Marital and Nonmarital Property?
One of the most contentious issues in an Illinois divorce is the division of assets. Assets are considered either marital or nonmarital, but it is not always easy to determine which category an asset falls into. What if you owned a home before getting married and the mortgage was always in your name, but your spouse helped you make payments on it throughout the marriage? What if you inherited $10,000 from your grandfather, but placed it into a bank account that you shared with your spouse?
In this blog post, we will examine the difference between marital and nonmarital assets and the factors that can help a judge determine how assets are categorized. The terms “assets” and “property” mean the same thing and are used interchangeably. Keep in mind that this article is not meant to be legal advice and that the best way to obtain a satisfactory asset division in your divorce is to hire an experienced divorce attorney.
Understanding “Parenting Time” in an Illinois Divorce
If you are a parent getting divorced in Illinois, you likely have questions about child custody. Many parents understandably worry about how a divorce will impact the amount of time they spend with their children. Some parents have additional concerns about how the other parent’s ability to care for the child appropriately. Regardless of your particular situation, if you are getting divorced in Illinois, it is important to understand Illinois laws regarding child custody and parenting time.
How is Parenting Time Decided in an Illinois Divorce?
Although we still use the term “child custody” to refer to general parenting duties after a divorce, this term is technically outdated. Illinois law now uses the term “allocation of parental responsibilities” to refer to parents’ decision-making authority and “parenting time” to refer to the time parents spend caring for their children.
When Can Your Child Be Charged as an Adult in Illinois?
Illinois is known for its attention to the juvenile justice system. It was the first state in the country to create a separate justice system for those under the age of majority. This has been extremely important, as the juvenile court system often serves as a means for rehabilitating young people who are on the wrong path. This is different from adult criminal court in that there is a belief that children have more of an opportunity for change. However, there are still some instances in which a juvenile may be tried in adult criminal court. If you or a loved one were charged with a criminal offense in Illinois, it is important to understand what you may be up against.
Juveniles Facing Charges in Adult Criminal Court
It’s important to note that there is never a time when a juvenile is required to be transferred to adult criminal court.
How Will Retirement Benefits or Pensions Be Handled in My Divorce?
Many financial issues will need to be settled during a divorce case, and determining how to divide marital assets and debts will often be one of the primary concerns that spouses will need to address. In some cases, the property division process may be fairly straightforward, but it can become more complex when a couple owns multiple types of financial assets. Retirement benefits are one form of property that can complicate divorce proceedings, and spouses will want to understand their rights regarding these assets and the methods they can use to avoid financial penalties.
Dividing Retirement Assets
Spouses may save money in multiple types of retirement accounts, including employer-provided plans such as a 401(k) or an individual retirement account (IRA) that they have set up on their own. Even though these accounts may be in one spouse’s name, they will usually be considered marital assets if contributions were made to the account during a couple’s marriage. Fortunately, determining the value of these assets can be fairly simple, and the balance of an account may be divided between spouses during the divorce process.
How Can Cheating or Infidelity Affect My Divorce?
There are many reasons why married couples choose to divorce, including disagreements about finances or how children should be raised. However, many of the most contentious divorce cases involve infidelity. When one spouse has been unfaithful, the other spouse may experience betrayal, anger, and sadness, making it more difficult to reach agreements during the divorce process. Because infidelity can be an important part of why a marriage may be ending, spouses will want to understand whether this issue will play a role in their divorce proceedings.
Divorce and Marital Misconduct
Infidelity will be a highly consequential issue in a couple’s relationship, and because of this, spouses may expect that they will need to raise this issue during their divorce. However, there are only a few situations where this type of behavior may influence the decisions made during the divorce process. As difficult as it may be to ignore this issue, pointing out that a spouse who has cheated usually will not benefit the other spouse.
What Are the Penalties for Violating an Illinois Order of Protection?
Domestic abuse is a serious criminal offense in many states. According to the Illinois Domestic Violence law, any person who hits, kicks, chokes, harasses, threatens, or interferes with the personal liberty of a family or household member has broken the law. In many cases, a spouse may accuse his or her partner of abuse during their marriage. If the alleged victim fears for his or her safety, he or she can obtain an order of protection. This is a legal document that restricts the alleged abuser from doing certain things. For example, contacting the alleged victim via phone or coming within a certain distance of his or her home or work. Any violation of a protective order can result in serious penalties in Illinois.
Types of Protective Orders
Often called a “restraining order,” an order of protection may be issued against someone who is accused of domestic violence. Basically, these types of orders prohibit an alleged abuser from continuing to threaten or abuse the person who obtained the order. Besides physical abuse, this may also include intimidation, interference with personal liberty, or willful deprivation.
The Dos and Don'ts of Being Arrested in Joliet
No one likes being arrested—not in Joliet and not anywhere else in the country. It can be an upsetting and frightening experience for you and for any family or friends who witness a police officer placing cuffs on you.
In light of recent police arrests across the country that have resulted in serious injury or death to the suspect being arrested, you may wonder what you should and should not do in such a situation.
Tips for a “Successful” Arrest Encounter
For suspects and those accused of a crime, a “successful” arrest is one in which you survive and do not further incriminate yourself. This can be accomplished by following these tips:
- DO remain polite and professional with the officer. DO NOT argue, raise your voice, threaten the officer, or resist arrest. Being combative, boisterous, or not following instructions will only escalate the situation and may result in the imposition of additional criminal charges.
When Your Jury is Not Comprised of “Your Peers”
Along with a criminal defendant’s right to remain silent, the right to have one’s case tried to a jury of “one’s peers” is one of the most important constitutional protections available for criminal defendants. This protection exists to help guarantee that a person is not convicted of a criminal offense through government overreach, but instead only upon evidence and testimony that convinces 12 individuals from the community of the defendant’s guilt beyond a reasonable doubt.
Juries are Supposed to Represent a Cross-Section of the Local Community
In theory, the 12 people who decide a particular Illinois criminal case are supposed to represent a “cross-section” of the community. That is, the individuals who sit on a jury to hear a particular case should represent the races, socioeconomic backgrounds, and education levels (amongst others) of average citizens in the community. If the community has a predominantly minority population, one would expect that a jury would be comprised of predominately minority individuals. This does not always happen, however.
Restitution in Personal and Property Damage Criminal Cases
It has long been a criticism of the criminal justice system that criminals are afforded greater protections and rights than the accused defendant. (This emphasis on the defendant’s rights is understandable when one considers that victims are not in jeopardy of being wrongly convicted and having their freedom and/or property wrongly taken.)
This criticism is not entirely unfounded: victims cannot choose whether the accused should accept a plea agreement, they cannot compel the accused to testify at trial and answer questions, and ultimately they cannot determine what sentence the accused should receive.
What is Restitution and Its Purpose?
Given the disproportionate emphasis on the defendant’s rights in a criminal proceeding in times past, there is increasing attention being paid to the victims of crime and the manner in which crime affects the lives of these individuals. Accordingly, many courts in Illinois and other jurisdictions order a convicted criminal to pay restitution to the individuals that his or her criminal activity harmed. The purpose of restitution is threefold:
Fill out the form below to schedule a consultation.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
From our office in Joliet, Illinois we serve the communities of Plainfield, Lockport, Crest Hill, New Lenox, Mokena, Romeoville, Homer Glen, Bolingbrook, Naperville, Aurora and Will County.
Results listed are not a guarantee or indication of future case results.
58 North Chicago Street, Suite 404, Joliet, IL 60432815-885-5980
