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Divorce Basics: Do You Really Need an Attorney?
There is really no way around it – divorce costs money, which includes more than just the divorce itself. You and your spouse will likely be splitting assets, and you may even be on the hook for child support or alimony. Some couples turn to do-it-yourself options to manage their costs, but are they really saving money in the long run, or are they potentially making a critical mistake? More importantly, do you really need an attorney to successfully divorce? The following can help to answer these questions.
The DIY Divorce Explosion
From online “divorce packages” to sites that instruct you on how to file all the way to divorce “apps,” there is no limit to the information offered on divorce. Some are complete packages that “guarantee” acceptance of your paperwork. Others are a little more obscure and difficult to understand. However, all pose a potential risk. Some may not be specifically tailored to fit divorce in Illinois, which is going to be different than, say, California. Further, you may be facing extenuating circumstances (domestic abuse, high asset divorce, business valuation, etc.) that are not covered in these online sources.
Potential Consequences of a Domestic Battery Conviction in Illinois
Considered a serious crime in the state of Illinois, domestic battery can lead to severe and long-lasting penalties for the accused. In fact, a single accusation can completely turn your life upside down, potentially putting your livelihood, reputation, and even your family at risk. If you are facing a domestic violence charge in Illinois, learn what the potential consequences could be, and how you can best protect yourself from the possible consequences of a conviction.
What Constitutes Domestic Battery in Illinois
Defined as intentionally causing physical harm to a family member, intimate partner, or former family member/intimate partner, domestic battery charges can arise out of either actual physical violence, or verbal threats and provocative body language that causes the victim to believe they are at an immediate risk for harm. Examples of actions that can be considered domestic battery may include (but is not limited to):
Distracted Driving Disconnect: Most Americans Believe They Are Safe Drivers, Despite Cell Phone Use
It seems that there is a distracted driver on almost every corner – someone applying makeup, talking on their cell phone, or searching for something in their passenger side floorboard. The increasing prevalence of distracted driving accidents and fatalities support the increase of inattentive drivers. Yet, according to a recent survey from Everquote, there is a disconnect between driver perception and reality in America. Sadly, this suggests the distracted driver problem is only going to get worse.
How Big is the Distracted Driver Problem?
Last year, traffic deaths in America rose by 7.2 percent. This is the largest increase in 50 years. Even more concerning is that distracted driving is also increasing. In fact, according to the National Highway Traffic Safety Administration (NHTSA), distraction-related crashes rose by more than eight percent in the past year. Further, around 10 percent of the 35,000 accidents in 2015 were due to distracted driving.
Protecting Your Financial Future in a Gray Divorce
Although divorce can financially devastate any couple, those that are divorcing later in life are at an especially high risk for divorce-induced poverty. This is because, unlike younger couples, those who go through the “gray divorce” have limited to no new earning potential. Quite simply, they just do not have time to financially recover. Thankfully, there are some things you can do to prevent this negative consequences of a later-life divorce.
Reassess Your Finances
If you are like most couples, you planned for a retirement that would reasonably sustain one household. You knew how much to save to ensure you could continue your mortgage payment. You created a budget to determine what your utility bills and regular maintenance fees would be. Most likely, you even set aside a little mad money for vacations, shopping trips, or activities that would enrich your life during retirement. What you did not plan for was having to split your nest egg between two households.
Penalties and Consequences of a First-Offense DUI in Illinois
Every state has its own DUI laws. Illinois happens to have one of the most aggressive penalties and consequences for DUI offenders. In fact, even first-time offenders could face significant fines and penalties. If you or someone you love has been recently arrested on a first-offense DUI, know what this means, and how a conviction could impact your future.
Classification of a First-Offense DUI in Illinois
While there are exceptions (such as getting in an accident that kills another person while under the influence), a first-offense DUI in Illinois is generally considered a Class A misdemeanor. As long as there are no other aggravating factors, this will typically result in a jail term of up to one year and monetary fines of up to $2,500. This does not include court fees, administrative fees, or any other consequences that may be attached to a first-offense DUI conviction.
Helping Children Cope with Divorce
Parents going through divorce do not intentionally set out to hurt their children. Unfortunately, this is exactly what happens when bitterness, anger, depression, and contention become a regular part of the child's life. This can ultimately lead to all kinds of maladjustment problems, many of which last long into the child's adult years. In contrast, parents who focus on the needs of their child often come out on the other side with a happy, healthy, well-adjusted child. Strive for the latter by learning how to help your child cope during a divorce.
Minimize Conflict and Negativity
For years, it was thought that divorce itself was the cause of maladjustment among children. However, recent studies have revealed that it is actually the conflict and negativity between and from parents that causes emotional, behavioral, and mental problems often experienced by children of divorce. In light of this, parents should take every precaution they can to ensure their child is not caught in the middle. Keep arguments and heated discussions private and out of earshot. Above all else, never blame or talk badly of your spouse around your child. Remember that your child loves both of you. Speaking negatively about your spouse can make your child feel wrong or guilty for having those feelings, or it can cause them to become bitter toward you.
Defining Disorderly Conduct in Illinois
Not all crimes that have serious consequences extending into multiple facets of a person's life need to be those of a violent or nefarious nature. In fact, seeming minor misdemeanor charges such as those for disorderly conduct and the like can have similar consequences, even if less far-reaching, that last for the rest of a person's life.
What Is Disorderly Conduct?
Defining disorderly conduct, however, can be tricky, as there are several factors that count toward such a charge, and many of them can be alarmingly subjective to pinpoint. Generally speaking, a disorderly conduct charge can be filed if a person is acting in a so-called "unreasonable manner," with the intention of disturbing another person or attempting to provoke a “breach of the peace.”
Common Examples
A person may also be charged with disorderly conduct if he or she cries wolf—that is, invokes the action of emergency response workers, such as firemen or police officers, without due cause. The stipulation of this, of course, is that the person knew that there was no reason for engaging with emergency response workers at the time of the call—if a person honestly believed that there was a fire, for example, or other emergency, he would not be charged with disorderly conduct. In some cases, proving that the person did have good reason to believe in the necessity of an emergency call would need to be done in court.
What Is the Average Cost of a DUI in Illinois?
Drinking and driving, or driving under the influence of drugs, is never a good idea. In addition to the raised likelihood of crashing your vehicle, causing harm to yourself and others, and being arrested, a DUI conviction can be extremely costly. With legal fees, jail time, raised insurance rates, and other factors, even a first time DUI in Illinois can cost well upwards of $10,000. It is important to understand some of the typical costs associated with a DUI conviction.
Auto Insurance
Once you are convicted of a DUI in Illinois, you will be required to obtain high-risk auto insurance. This type of insurance is significantly more costly than typical car insurance, and can cost an additional $1,500 each year. This high-risk insurance is required for three years, so that is a total of $4,500.
Legal Fees
Criminal defense attorneys are often quite costly. A lengthy court process could cost upwards of $10,000 in legal fees, but even an uncontested plea can cost around $2,000.
Sex Crimes and the Illinois Sex Offender Registry
Unlike those related to many other crimes, convictions for most sex crimes carry penalties that last far longer than a prison term, probation, and parole. If you are convicted of a sexual offense in Illinois you may be required to register as a sex offender for ten years, or even for the rest of your life.
Who Has to Register?
Illinois law, in most instances, does not give a judge much, if any, flexibility in deciding who should be required to register as a sex offender. The law mandates that judges impose registration as a part of a criminal sentencing. Crimes that include mandatory registration as a sex offender include:
- Sexual assault;
- Aggravated sexual assault;
- Predatory criminal sexual assault;
- Sexual abuse;
- Aggravated sexual abuse; and
- Child pornography crimes.
The Principle of Equitable Distribution
For most couples, the decision to pursue a divorce is not one that is made overnight. In fact, the vast majority of such decisions are the product of months or years of soul-searching and, in certain cases, waiting for the right time. If you are thinking about ending your marriage, for whatever reasons you may have, you are probably starting to realize that divorce is not as simple as a high school or college break-up. Rather, it is complicated undertaking that requires careful consideration regarding a wide variety of subjects. Among the most difficult of these concerns is often the division of marital property, as many people are unfamiliar with the laws that govern the process.
Common Misconceptions
Thanks to modern entertainment media, the general public tends to believe that, in a divorce, each spouse is entitled to half of the marital estate regardless of their situation. The only exception to this “rule,” in many minds, is if the couple had a valid prenuptial agreement that made different arrangements. While a 50/50 split may seem logical in some cases, Illinois law does not make any guarantees regarding an equal allocation of marital property.
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Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
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