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How Is Marital Property Divided in an Illinois Divorce?
One of the most important matters that must be resolved in a divorce is the distribution of marital property. When a couple marries, they typically combine their finances – either intentionally or unintentionally. Undoing this financial entanglement is often complex. Spouses may not even be aware of what their property rights are during a divorce. This is why it is important to consult with an experienced divorce attorney if you are legally ending your marriage in Illinois.
Dividing Property Using an Agreement Between the Spouses
You and your spouse can decide how you want to divide your assets without court intervention. You will first need to make a full accounting of all of your assets and debts. You can then negotiate an arrangement for dividing the debts and assets on your own, with help from your respective attorneys, or through an alternative resolution method like mediation. In order for this strategy to work, each spouse must be completely honest about his or her finances. If a spouse hides assets or lies about financial information, the negotiations will be pointless and any arrangement that is decided will be based on false information.
Illinois Residents Can Still Face Criminal Charges Related to Cannabis
Few substances have been more hotly debated than marijuana or cannabis. Some believe that this plant-derived drug offers substantial medicinal benefits while others consider it to be a dangerous gateway drug. The laws governing the manufacture, sale, and consumption of marijuana are constantly changing. As of January 2020, the possession and use of recreational or medical marijuana are legal in Illinois for residents over age 21. However, Illinois residents are still subject to many marijuana-related restrictions. Violating these restrictions can lead to serious drug charges.
Possession of More Than 30 Grams May Be a Misdemeanor or Felony Offense
Adults 21 and older are permitted to possess up to 30 grams or just over one ounce of marijuana flower and up to 5 grams of concentrated marijuana. Visitors to Illinois may possess half of these amounts. Many Illinois residents do not realize that although recreational marijuana is now legal in Illinois, there are still many ways in which the substance can lead to criminal charges.
What Are the Advantages of Signing a Prenuptial Agreement in Illinois?
Prenuptial agreements or “prenups” are often misunderstood. Some people assume that only the rich and famous can benefit from prenuptial agreements. Some even falsely believe that signing a prenup is a sure sign that the marriage will fail. Fortunately, the misconceptions surrounding prenuptial agreements and other types of marital agreements are slowly being replaced by facts. More and more individuals – especially young people – are choosing to sign prenups before tying the knot.
Opening Up a Dialogue About Finances Before the Wedding
It is no secret that financial conflicts are common during a marriage. Many married couples report that disagreements about money are the source of most of their arguments. When you create a prenuptial agreement, you and your soon-to-be-spouse will disclose your assets, debts, income, and expenses. You will have the opportunity to discuss how these assets and debts should be managed during the marriage as well as what should happen if a spouse passes away or you get divorced. These discussions are not always pleasant, but being transparent about financial issues before getting married can help prevent future financial concerns from souring an otherwise happy marriage.
How Is Child Custody Determined in an Illinois Divorce?
If you are a parent who is thinking about ending your marriage, you probably have questions about child custody. In 2016, considerable changes to the Illinois Marriage and Dissolution of Marriage Act went into effect. Illinois has replaced the somewhat antiquated concept of child custody in favor of a more modernized approach. “Parental responsibilities” refers to the authority a parent has to make major decisions about his or her child, such as where the child will attend school. “Parenting time” refers to the time a parent spends caring for his or her child. Divorcing parents in Illinois are encouraged to make their own decisions about how to divide parental responsibilities and parenting time. If the parents are unable to reach a decision, the court may intervene and make a decision on their behalf.
How Can I Defend Against Drug Possession Charges in Illinois?
Attitudes about drugs have changed dramatically in the last several decades. Illinois’ recent decision to legalize the recreational use of marijuana is one of the best examples of this. However, the possession, consumption, transportation, or manufacture of certain substances is still strictly illegal. If you or a loved one has been arrested and charged with drug possession, the penalties can be severe. That is why it is imperative that you contact an experienced criminal defense attorney who can help you build a robust defense against these serious charges.
Unlawful Search and Seizure
The Fourth Amendment to the U.S. Constitution gives us the right to be free from unreasonable searches and seizures. It also establishes the need for search warrants. One of the ways that this important right is applied is through the “exclusionary rule.” This rule prevents any evidence obtained in violation of a criminal defendant’s rights from being used against him or her during a criminal proceeding. If the illicit substances allegedly found in your possession were discovered during an unlawful search, this evidence may be inadmissible.
What Are Illinois’ Annulment and Prohibited Marriage Laws?
Illinois Family Law extends beyond divorce to encompass both annulment and prohibited marriage. Depending on the circumstances of your marriage, these laws may apply to you instead of general Illinois divorce laws. Even if you know what laws apply to you, family law is a complicated subject, so you should ease the stress of separation by finding highly qualified legal representation from a family law attorney in your area.
750 ILCS - Marriage Invalidation
In Illinois, family law does not include the term ‘annulment’ any longer. Instead, you will see and hear that marriages are ‘invalidated.’ If you or your spouse wishes to annul your marriage, one of you must submit a declaration of invalidity. To successfully invalidate your marriage, you must prove that:
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A party, due to mental incapacity or because of the influence of drugs, lacked the capacity to consent and was forced into marriage by fraud
How Does the State of Illinois Regulate Firearms Dealers?
Although firearms dealers must abide by federal regulations, Illinois recently implemented legislation that requires dealers to attain licensing through the State of Illinois. If you own weapons, you should stay up-to-date on any changes in gun laws so that you avoid any charges for unlawful possession or use of a gun in the future. If you do face weapons charges, whatever the circumstances, speak with an experienced criminal defense attorney as soon as soon as possible to make sure your rights are protected.
2019 Illinois Firearms Dealers Licensing Legislation
Only a few days into J.B. Pritzker’s tenure as governor, he and his administration passed legislation that would require weapons dealers and retailers to attain additional licensing and certification from the State of Illinois. Governor Pritzker expressed a wish that this legislation would be the first in an ongoing campaign to establish stricter gun control in Illinois.
How Can I Defend Against False Allegations of Domestic Violence?
Since the start of the COVID-19 pandemic, domestic violence incidents have been on the rise. In some areas of the United States, domestic abuse crime reports have risen as much as 25 percent. Domestic violence is taken seriously in Illinois, with stiff penalties for those convicted of this type of crime. Although false allegations are rare, you should be ready to aggressively defend yourself in court if you face them. Work with an accomplished domestic violence attorney to develop a thorough understanding of Illinois domestic violence law and build your case.
Why Would Someone Make False Allegations of Domestic Violence?
First, it is vital to understand who can make domestic violence claims in Illinois. This includes "family members, spouses or ex-spouses, people who share a residence, people who have a child in common, people who are dating or used to date, and people with disabilities and their personal assistants." Domestic violence is not limited to the nuclear family. Many people are capable of making domestic violence allegations that you should treat seriously.
How Will a Retirement Account Be Divided in an Illinois Divorce?
Although you can make many settlements in a divorce decree such as child support, alimony, and custody, a settlement on the division of assets that includes retirement accounts does not guarantee that the spouse without a retirement account of his or her own will get the payments that he or she is owed. If your spouse was the primary breadwinner and you are trying to ensure that you receive payments from his or her retirement account, you will need a Qualified Domestic Relations Order (QDRO, pronounced “quad row”) to make their employer pay you what you are owed.
Understanding a QDRO
Even if your divorce agreement provides you with a particular portion of your spouse's retirement funds, you may experience some setbacks without a QDRO. For instance, withdrawing funds from a spouse’s retirement account without the protection of a QDRO could result in penalties. You should plan to draft a QDRO in most cases, but if your spouse’s retirement account is not IRS tax-qualified and covered by the Employee Retirement Income Security Act, a QDRO is not applicable. Military and government pensions are not IRS tax-qualified, so a QDRO will serve you no purpose in that case.
What Is a Title Contingency in Illinois Real Estate?
Buying a house is a significant decision. As such, there are numerous tools that you and your attorney can use to protect yourself if something goes wrong during the buying process. To take the necessary precautions, you would include contingencies in your Agreement of Sale. A contingency is a condition that must be met before you can complete a purchase. There are many different types of contingencies that you and your attorney may choose to include in your agreement, one of which is a title contingency.
What Is a Title?
A “title” in real estate refers to a property’s record of ownership. Not only does it contain details regarding past owners, but it will also include liens or judgments made against that property. In most cases, before you buy a new home, your attorney will examine the property’s title to make sure it can be properly transferred to you.
Sometimes, a property’s title may be problematic. For example, if a previous owner struggled financially, a creditor may have claimed a piece of the property to gain what a previous owner owes them. If this issue surfaces when you are considering buying a house, a title contingency will allow you to back out of the sale if any problems regarding the property’s title cannot be solved.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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