Recent Blog Posts
U.S. Supreme Court to Hear State Same-Sex Marriage Ban Cases
In 2013, the U.S. Supreme Court (SC), in United States v. Windsor, struck down certain provisions in the Defense of Marriage Act (DOMA), which resulted in the federal government recognizing those same-sex marriages granted in states that allowed such unions. Since then, many on both sides of the same-sex marriage debate have wondered when the SC would officially rule on whether there was a constitutional right to enter into a lawful same-sex marriage, regardless of whether a state permits such unions. Recently, many were excited to learn that the SC has agreed to hear four different state-based cases that centered on different but connected state and same-sex marriage legal questions and issues.
Illinois' 2015 New Criminal and Family Laws
Last year, unlike federal legislatures, the Illinois state government was extremely busy when it came to drafting, presenting and passing new laws. In fact, beginning on January 1, 2015, almost 200 new state laws passed in 2014 will take effect in the state of Illinois. These laws span virtually all relevant legal and industry categories and will affect many issues, including family, health, revenue, taxes, senior citizens, state government, veterans rights, transportations, agriculture, natural resources, civil law, consumers, economic development, business, ethics, pensions, public safety, energy, the environment, human services, housing, local government and transportation. Given that these new laws span a broad range of family law and criminal law issues, we decided to provide a list of some of the most important new laws that have recently taken effect in Illinois.
The Illinois Safe Haven Law
Thirteen years ago Illinois became one of the first U.S. states to adopt a safe haven law intended to allow the parent of a newborn to safely and legally abandon the child during dangerous circumstances. The Illinois Abandoned Newborn Infant Protection Act is not only a family law statute, it also prevents parents who abandon their children from being criminally prosecuted for such acts. Since the enactment of the Illinois safe haven law, over 100 newborn children have be safely handed over at Illinois police stations and fire houses. In fact, the 100th newborn was left at an Illinois fire station in December, with two other additional newborns following, which places the total amount of children saved by this law over 100.
Foreign Service Officers and Family Law
Every year, thousands of Foreign Service Officers (FSOs) serve the United States through global action and diplomacy. These men and women often spend years stationed abroad, while still maintaining residency in Illinois. When dealing with family law issues, FSOs face unique challenges, particularly in divorce and child custody matters. Living and working overseas while handling a divorce or other family law matter can be quite difficult. FSOs must take these difficulties into consideration before proceeding with any family law case.
FSO Divorce Challenges
Regardless of occupation, anyone getting divorced in Illinois must be a legal resident of this jurisdiction. Your residency is generally defined by where you live (your permanent address) and your voting district. To get divorced in Illinois, you or your spouse must have been a resident for at least 90 days prior to filing for divorce. For a Foreign Service Officer seeking divorce, the first challenge is establishing that you meet residency requirements to proceed with the case. An experienced family law attorney can determine whether the divorce residency criteria are met in your case, and help you decide where to file your case.
Understanding the Illinois Abused and Neglected Child Reporting Act
The Illinois Abused and Neglected Child Reporting Act (“Act”) is an important but seldom referenced law that affects both criminal law and family law. Created in 1975, the potentially broad reach of this law was recently revealed in a child abuse case perpetrated by a Lake County, Illinois teacher. In this case, the teacher is accused of sexually abusing students. Though the teacher has fled the country, he was finally located in Bosnia, and is being held in custody while authorities attempt to extradite him back to the U.S. However, what has legal professionals in awe is the fact that three teachers who allegedly were told by students that the abuse was occurring are being accused of willfully and knowingly failing to report the abuse. They are being charged under the Act's requirement that teachers and other parties be considered “mandatory reporters” of acts of abuse and neglect committed against children.
Business Valuation During the Divorce Process
When you are going through a divorce, the value of everything you own is considered during the property distribution process. This can include your business. A small business can be considered as part of a divorce settlement whether the couple built it together or one spouse owned it prior to the marriage and continued to develop it afterward. The role each spouse had in the business during their marriage and their intention for the business following the divorce can determine how it can be divided between them.
Options for Divorcing Business Owners
When a business-owning couple divorces, they have a few options regarding its operation:
- Continue to operate the business, which may require the spouse who opts to keep it to buy out his or her former partner's interest in it;
Do I Have Any Recourse For Statutory Summary Suspension?
If you have been arrested for DUI in Illinois, the arresting officer may ask that you submit to chemical testing to confirm the presence of drugs or alcohol in your system. If you refuse to submit to the testing, you can receive a driving suspension for 12-36 months. Likewise, if you submit to the testing and the test confirms blood alcohol concentration levels of .08 or above, you could receive a 6-12 month suspension of driving privileges.
If you have been affected by a statutory summary suspension, these requirements will terminate once the minimum period passes and once you have paid the $250 reinstatement fee. After your first arrest, you will have to pay a $500 reinstatement fee.
Understanding Illinois' Restricted Driving Permit Laws
Driving under the influence, or DUI, is the illegal act of operating a motor vehicle when under the influence of drugs or alcohol. In Illinois, a person is considered as having driven under the influence if he or she has a blood alcohol content (BAC) of .08 or more, is driving under the influence of any illegal substance, or is driving impaired as a result of medication. Those who are stopped by law enforcement under suspicion of DUI will have their drivers license suspended for a year if they refuse to undergo impairment testing. Those who are found guilty of a DUI face an assortment of different penalties, which depend on the driver's age, whether a child was a passenger, the driver's BAC, and whether the DUI was a first offense. However, all DUIs result in suspension of vehicle registration. Those pulled over and arrested for DUIs are also subject to statutory summary suspension of their driver's licenses; this suspension occurs whether or not the arrested person is subsequently convicted of criminal DUI.
The Benefits and Failures of Shared Parenting Laws
Advocates of shared parenting believe that children of divorced or separated parents would benefit if both parents were awarded shared custody instead of just one parent being granted sole custody. These advocates are urging a change to the decades long approach in child custody suits that typically award mothers sole custody. Under the shared parenting approach, a flexible custody arrangement is created that allows children to enjoy the benefit of having two fully engaged parents.
Recently, the National Parents Organization (NPO) released a new report detailing the current state of shared custody arrangements throughout the U.S. What emerged was the conclusion that most states not only discouraged shared parenting, but were also depriving children of the benefits that come with spending ample time with both parents, while reinforcing a system that facilitates parental inequality. The NPO 2014 Shared Parenting Report Card assigned each state a grade, A through F, as a rating of the worst and best states for shared parenting. No states received an A rating, but Illinois received a C+ rating, along with four other states.
Crime Victims Bill of Rights Approved by Illinois Voters 11/11
The Crime Victims Bill of Rights is a recently approved amendment to the Illinois Constitution that guarantees that victims and their families have the right to pursue an enforceable court action when their rights are violated. Also known as Marsy's Law, the new law seeks to soften the blow of the some of the long-term impacts facing victims and their families when proper access to the criminal justice system is denied and/or improperly executed by the courts and law enforcement.
The Need for A Crime Victims' Bill of Rights
Marsy's Law provides enhanced protections and rights for victims and their families. Marsy's Law was named after Marsy Ann Nicholas, a Santa Barbara student who was stalked and then murdered by her ex-boyfriend in 1983. A week after Marsy's death, her family was confronted by her murderer at a local area grocery store. At this time they had not been given notice that Marsy's killer had been released from jail on bail. This confrontation caused additional pain and suffering for an already grieving family, and highlighted the need for a victim's family to receive relevant information from the courts and law enforcement agencies. In 2008, California passed a Marsy's Law, and now Illinois may be following suit.
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