Recent Blog Posts
Determining Alimony in an Illinois Divorce
Although not awarded as frequently as it once was, alimony (also known as spousal support) can provide financial relief for a disadvantaged spouse during and after divorce. Available as either a temporary or, in some cases, permanent aid, alimony is paid by a higher-income spouse to one that is disadvantaged. How do you determine if you are disadvantaged, how much might you be owed, and how can you increase your chances of receiving what you are entitled to in your divorce? The following information explains.
Are You Eligible?
Before an individual can determine the amount of spousal support they may be owed, they must first be deemed eligible for alimony payments. The courts do this by examining the financial situation and other aspects of the marriage, such as:
- A spouse that has given up their career or education to advance the career of the other;
Fighting Back Against Your Retail Theft Charges – What Are Your Alternatives to Conviction?
Being arrested on shoplifting charges can be a frightening experience, but even that pales in comparison to the criminal consequences of a conviction. At the very least, a misdemeanor charge, a retail theft conviction can also impact your employment and housing opportunities. Learn more about the criminal and collateral consequences of a shoplifting conviction, your possible alternatives to conviction, and how an experienced criminal defense lawyer can protect your rights with help from the following information.
Consequences of a Retail Theft Conviction
Criminal consequences of a retail theft conviction (those pertaining to the law) depend greatly upon the amount of merchandise or property allegedly stolen, as well as any prior offenses. For those with a clear criminal record who allegedly stole items with a value of less than $300 (or less than $150 for fuel), consequences may include up to a year of jail time, fines, and possible restitution fees, which are paid to the retailer. Second offenses of the same amount are punished as Class 4 felonies and may include consequences of imprisonment for one to three years and fines of up to $25,000, as well as possible restitution to the retailer.
Current Political Events Lead to a Spike in Divorce Rates
People say you should never talk about politics in a social setting, but what about in your marriage? Perhaps, even then, it is best to keep your opinion to yourself – at least until the current political storm has passed. In fact, news sources are now saying that the Trump presidency is causing an increase in divorce throughout the United States.
In a poll conducted by Wakefield Research, 22 percent of the 1,000 respondents said that they know of at least one couple's relationship that was affected by the election of President Donald Trump. 24 percent of all participants in a relationship or marriage said that they now argue about politics more than ever.
Divorce and Politics – A Relatively New Issue?
To say that married couples have always agreed on their individual political views would be incorrect; disagreements about politics, even in marriage, are quite typical. However, it has only been recently that these ordinary agreements have become volatile – since the inauguration of our current president. Couples are genuinely shocked, appalled, angered, and confused about their spouse's political views right now. They are discussing matters that are core issues, which often coincide with one political party or the other. In short, couples are finding that this presidency, this political atmosphere, is different.
Your BAC May Be Higher Than You Think - Here's Why
Your blood alcohol concentration, or BAC, is a measurement of the amount of alcohol in your blood stream. It is also what states use to create legal driving limits. For Illinois, that legal limit is 0.08 percent for most drivers, 0.04 percent for commercial drivers, and 0.00 percent for anyone under the age of 21. Unfortunately, few drivers know their actual BAC before they get behind the wheel. Instead, most use their judgment to determine when they are sober enough to drive. Learn why it may not be enough to avoid criminal DUI charges.
Factors that Determine BAC As a general rule, the body can metabolize about one drink per hour (12 ounces of beer, 5 ounces of wine, or 1.5 ounces of 80-proof liquor). However, several factors can change the rate. For example, women often metabolize alcohol slower than men. Genetics and your weight can also have an impact, as can the health of your liver. The amount you drink and the speed at which you drink are also determining factors. The contents of your stomach – particularly the amount of food you eat before drinking – can also affect your body's alcohol metabolism rate. Even more perplexing is that the body may metabolize alcohol faster one day, but slower another. Peak BAC times, which can range anywhere from minutes to hours, may also change, depending on your body's metabolic rate for that day. In short, it can be difficult to determine your BAC formulaically. As such, it is encouraged that you avoid trying to guess your BAC and, instead, choose to play it safe after a night out with friends, family, co-workers, or others. Your BAC and Driving If you plan on drinking, it is advised that you assign a designated driver, call a rideshare, or take public transit. However, you can also stop drinking at a specific time and then wait for yourself to sober up. Keep in mind that this option is rarely your best option, and it should only be used if you plan on only drinking a small amount - no more than one or two drinks over several hours, especially since it could take a minimum of two hours to metabolize two drinks (possibly more). Anything more and it might be better if you find an alternative form of transportation. Driving While Under the Influence Unfortunately, some people are not aware of how their body metabolizes alcohol, or it may metabolize it differently than it usually does. Others may assume they have sobered up enough to drive, but end up being wrong. In either case, the driver may be at risk for a DUI charge. If one happens to you or someone you love, know your rights – particularly your rights to remain silent and your right to obtain legal counsel. The Law Offices of Tedone and Morton, P.C. have your best interest in mind. Dedicated and experienced, our Plainfield DUI defense lawyers will protect your rights and aggressively pursue the most favorable outcome in your case. Learn more about how we can assist with your DUI charges. Call 815-733-5350 and schedule your personalized consultation today. Sources:
The Birdnesting Divorce – Is This Growing Trend Right for Your Family?
Family structures have changed drastically over the last several years – so has divorce. It used to be that one parent would keep the family home and the other would relocate, or the couple would sell the family home and then both would relocate. Now there are birdnesting arrangements, where the children keep the home and the parents both rotate in and out to care for them. How does this arrangement work, and is it right for your family? The following may help you decide.
Birdnesting Basics
Birdnesting is not a traditional parenting plan arrangement, but it is a growing trend. Much of its popularity can be attributed to the changes in family structure; working parents may find it easier to move in and out of the home instead of moving the children around. However, the real root of this trend is based on what parents feel to be the best interests of their children.
Driving Under the Influence and the Death of a Loved One
Driving under the influence can land you in a lot of legal trouble, but there are other potential consequences that one should be aware of before getting behind the wheel. Accidents are common for intoxicated drivers, and those that have someone with them could pay the ultimate price: the death of a loved one. Then, to make matters worse, there may be criminal charges associated with both the crash and the death. Learn how a criminal defense lawyer can help you fight the charges, and why it is worth pursuing.
Overcoming the Guilt
Perhaps the most difficult aspect is not the criminal charges themselves, but the grief and self-blame that may stem from the death of your loved one. Perhaps you feel as though you deserve the consequences that come your way. Alternatively, you may not care or you may feel as if you do not have the energy to fight back. Either way, it is important to remember this: your loved one would not want you in jail.
Retirement and Divorce – The End, or Just the Beginning?
The quality of life for retirees has improved drastically over the last few decades. That leaves many considering whether they are truly happy or not. For some, that answer is no. If that lack of fulfillment is connected to an unhappy marriage or a marriage they feel they have outgrown, retirees may consider the option of divorce. Is this a poor or misguided choice? Or is a divorce much like the retirement years: the beginning of a new adventure, rather than an end?
Common Fears and Concerns
Fears and concerns are common issues for divorcing couples, but those nearing retirement age have a whole host of special considerations. For example, they may fear the loss of their financial security or being alone. Some may lose insurance, which may be crucial in the face of manageable but dangerous health conditions. The weight of such fears and concerns may be so heavy that parties may begin to feel “trapped” in their marriage.
More Non-Violent Offenders Eligible for Probation
Non-violent offenses, such as some theft charges and drug possession charges, have historically resulted in jail time for convicted offenders. Thanks to a new law, however, these same offenses are now eligible for probation. If you or someone you love has recently been charged with a non-violent offense, the following information can help you better understand your options. It can also ensure you understand where to find quality assistance with your criminal case.
Overcrowded Prisons in Illinois Prompt Bill
Data from the Department of Bureau of Justice Statistics placed Illinois' prison capacity at 150 percent. To decrease this number by at least 25 percent by the end of 2025, Governor Bruce Rauner created the Illinois State Commission on Criminal Justice and Sentencing Reform. Otherwise titled Senate Bill 3124, the new law targets certain non-violent offenders, including first-time offenders charged with Class 3 and Class 4 felonies.
Journaling After Divorce Can Improve Heart Health but May Also Have Emotional Drawbacks
Many people take up journaling while working through their divorce, and often because they believe it will help them work through their emotions. Alternatively, the practice might be suggested by a friend, family member, or divorce counselor. Unfortunately, a new study indicates some people may experience adverse effects from journaling, which might negate the benefits. Learn more about the pros and cons of journaling through a divorce, and discover where you can find assistance through this oft-painful process.
Potential Negative Effects of Expressive Journaling
In a study of 109 recently divorced people, researchers analyzed the emotional impact of three different types of journaling. One group wrote details about their day but did not discuss their emotions. One group discussed their feelings about the divorce. A third group discussed their emotions about the divorce but turned their feelings and thoughts into a story. The latter two are considered “expressive journaling.”
Study Ranks Illinois as One of the Toughest States on DUIs
Statistics indicate that almost 39,000 drivers were arrested for a DUI in Illinois during 2014, the most recent year for which statistics are available. That number, as well as the method that Illinois uses to reprimand their drunk drivers, has earned Illinois a five-star rating with Mothers Against Drunk Driving (MADD), a national organization that combats drunk driving issues. Now a new study has ranked Illinois as one of the toughest states, overall, on those who choose to drive intoxicated. What does this mean for you, and what you can you do if you are arrested for a DUI? The following explains.
How Illinois' Rankings May Impact You
MADD and the most recent study both gave their rankings by examining various aspects of drunk driving in Illinois, including the number of DUI accidents, the number of DUI-related fatalities, measures that law enforcement takes to prevent drunk driving accidents and deaths, and how the law handles drunk drivers once they are caught. More specifically, Illinois received its ranking because it utilizes DUI tactics, laws, and countermeasures like:
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