Recent Blog Posts
How Does Divorce Impact Your Will and Estate Plan?
When you are going through divorce proceedings, the property and assets that you and your spouse shared will have to be divided. In addition to myriad other legal ties that need to be broken, something you may not have considered is what will happen with your last will and testament. After all, the will you had drawn up during your marriage most likely does not reflect your wishes now.
Illinois law dictates that after a divorce is finalized, neither party will hold legal claim to anything that the former spouse had designated for him or her in their will. However, during the divorce, before the marriage is officially terminated, is a different story. If you were to pass away in the midst of your divorce proceedings, your spouse would still be entitled to whatever your current will states. Therefore, it is important to make needed changes as soon as divorce is filed.
What Constitutes a Felony DUI in Illinois, and What Are the Potential Consequences of a Conviction?
While the courts tend to be fairly lenient on first- and even second-time DUI offenders, typically classifying them as misdemeanors and offering the defendant the option of court supervision, fines, and community service in lieu of jail or prison time, they are not so understanding toward repeat offenders. Drivers who commit a serious crime while intoxicated, such as killing someone in a hit-and-run accident or driving with a minor child in the car, may also face heightened penalties in court. These situations, and others, are examples of situations that may lead to a felony DUI in the state of Illinois.
What Constitutes a Felony DUI in Illinois?
In the state of Illinois, a third or subsequent DUI is considered a felony - and the more DUIs you have, the more severe the penalties typically are. For example, a third or fourth offense DUI typically results in a Class 2 felony charge, while a fifth DUI is generally classified as a Class 1 felony. The latter typically results in heftier penalties for those who are convicted of their charges. Other situations that may lead to a felony DUI include:
How the New Tax Law Will Affect Divorce (and Your Financial Well-Being) in 2019
The number of divorce cases involving spousal maintenance have declined significantly over the last decade. Still, some divorcing parties may need financial assistance from their ex-spouse to achieve a self-sustaining future. Disabled parties who may not have previously qualified for social security because their marital income was too high, stay-at-home parents with little to no recent job training or experience, and financially disadvantaged spouses incapable of maintaining the lifestyle that their marriage afforded are a just a few examples.
Starting January 1, 2019, the tax laws that currently apply to spousal maintenance (which have been in place for more than 70 years) will be completely annihilated. What might this mean for you in your Illinois divorce, and how might it impact your future financial well-being? Learn more in the following sections, and discover how our seasoned divorce lawyers may be able to help mitigate the issues in your case.
Unlawful Possession of a Firearm - The Consequences of Breaking Illinois' Firearm Laws
The United States Constitution indicates that Americans have “the right to bear arms,” but there are some situations that may hinder (or even outright eliminate) an individual's “right” to own, use, or carry a firearm. Since gun laws are made and enforced at the state level, these conditions can vary from one state to the next. Learn more about the consequences of breaking firearm laws in the state of Illinois, and discover how a seasoned criminal defense lawyer may be able to help.
What Constitutes Unlawful Possession of a Firearm in Illinois?
In the state of Illinois, gun owners must possess a Firearm Owner's Identification Card, otherwise known as an FIOD. Without it, you risk being charged with unlawful possession of a firearm. Moreover, if you wish to carry a concealed weapon, you must also possess a permit for doing so. If you are caught with a concealed weapon and do not have one, you could face criminal charges. Other scenarios that may lead to criminal charges for unlawful possession of a firearm include:
Parenting Time in Illinois - Protecting Your Child's Interests While Deciding on the Details of Your Divorce
While divorce can negatively impact all involved parties, children are often the most vulnerable. They also have little to no control over their situation, and that can lead to all sorts of problems later on down the line, such as social isolation, emotional or behavioral issues, and poor academic performance. Yet, when done under the right circumstances, with the child's best interests in mind, divorce can sometimes benefit children. In the following sections, you can learn more on how to effectively balance your child's best interests against your own needs to achieve the latter situation.
Is Divorce Bad for Kids?
For decades, parents were led to believe that divorce is inherently "bad" for children. Yet, as time passes, research shows it is not necessarily the divorce process that negatively impacts children, so much as it is their home environment.
Pursuing Overdue Child Support in Illinois - What Are Your Options?
Child support is intended to offset the costs of raising a child for the primary parent, which can ultimately improve the child's overall living conditions. Unfortunately, some paying parents do not seem to understand the value of their financial contribution. They dodge payments or stop making them altogether and leave the custodial parent with all the responsibility, which can cause unnecessary suffering for the child. Learn more about your options in such a situation, and discover how the assistance of a seasoned family law attorney can help to improve the outcome of your overdue child support case.
Avoid Taking Matters Into Your Own Hands
When a child is suffering unnecessarily, and the person who can help refuses to do so, parents receiving child support can become angry, frustrated, and distressed. These feelings can sometimes lead them to take matters into their own hands. Common actions involve showing up at a paying parent's home or place of employment, demanding payment, and withholding court-ordered parenting time.
The Penalties of Driving Under the Influence with a Child Passenger
Driving under the influence is considered a crime in the state of Illinois, and it carries heavy penalties for anyone who is convicted. When a minor passenger is involved, those consequences can become even greater. Learn more about the penalties of driving under the influence with a child in the vehicle, and discover how a seasoned criminal defense lawyer can help to improve the outcome in your Illinois drunk driving case.
What Classifies as a Child Passenger?
Illinois state law defines a minor as any child under the age of 16. As such, any child that is 15 or younger can lead to elevated charges in a DUI case. It is important to also note that the driver's relationship to the child is irrelevant in such cases. Instead, only the child's age is considered.
DUI Charges for Drivers with Child Passengers
Common Prenup Mistakes to Avoid
More and more couples are protecting their financial futures by signing a prenup before they get married. However, many of them are making certain mistakes that could hurt them rather than help them in the event their marriage does not work out. Here are some of the most common prenup mistakes to avoid.
No Independent Legal Representation
It is important for both parties to hire separate attorneys. This way, each attorney can help each party thoroughly understand the prenuptial agreement. It can be difficult for both parties to feel comfortable with the prenup parameters if they have the same attorney.
Allowing Emotions to Get in the Way
Sometimes, couples let their emotions get in the way and are unable to communicate and clearly think about what is right for their future. Couples should understand that a marriage is a financial partnership in addition to a romantic partnership. It is vital they view their marriage as a business transaction and try to put their emotions aside.
Most Common Types of White Collar Crimes
White collar crimes are offenses that occur when a person uses some form of deception to produce financial gain. These types of crimes are usually committed by business people who have access to large amounts of money because of their position. It can take months and even years for prosecution to construct a case against someone before charging them with a white collar crime. The five most common types of white collar crimes include:
- Tax Evasion. Tax evasion occurs when a person fails to file a tax return, fails to pay their taxes, under reports their income, makes false deductions, or claims fraudulent business expenses or losses. It can be a state or federal crime and lead to a lengthy prison sentence upon conviction. Some defenses to tax evasion are that you were given wrong advice by your tax preparer, you had no criminal intent, or you did not understand the tax forms.
6 Common Misconceptions about Alimony
Spousal support, or alimony, occurs when one spouse pays another in a divorce. The purpose of alimony is to reduce any unfair economic advantages one spouse has over the other.
Courts will evaluate the financial situation of each spouse before and after the divorce in order to determine alimony eligibility and amount. We have compiled this list of six of the most common misconceptions about alimony so that you can gain a greater understanding of what it is and how it works.
Men are always the ones paying alimony. In the past, it was common for men to pay alimony. However, since more and more women are the primary breadwinners in today's society, it is becoming more common for women to pay alimony to their husbands.
- Alimony is permanent. Contrary to popular belief, alimony is based on the length of a marriage and does not last forever. In many cases, it is only awarded for a short period of time. It may stop once a spouse reenters the job market and is able to support themselves without any assistance.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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