Recent Blog Posts
Protecting Your Rights of Visitation
Anyone who has experienced it can confirm that parenting after a divorce or separation can be extremely challenging. The difficulties are often magnified for the parent who has not been granted primary physical custody of the child. If you are a non-custodial parent, you deserve to have a relationship with your child. Perhaps even more importantly, your child deserves a relationship with you, as family and child experts generally agree that the active participation of both parents in a child's life can a long-lasting positive impact.
Visitation Laws in Illinois
The Illinois Marriage and Dissolution of Marriage Act provides that a parent who was not granted custody of their child "is entitled to reasonable visitation rights." What constitutes "reasonable," however, will depend upon the individual circumstances of each family's situation and the child's best interests. In some cases, the parents, with guidance from the court, may develop a relative strict schedule for visitation, while in others, the parents utilize a more flexible, informal agreement. Regardless of the structure in place, you, as the non-custodial parent have the right to spend time with your child.
Divorce, Separation Laws to Change in 2016
For the first time in nearly 60 years, sweeping changes have been approved to family law statutes in Illinois. In late July, Governor Bruce Rauner signed a measure to amend the Illinois Marriage and Dissolution of Marriage Act (IMDMA), along with a number of other family-related laws in the state. Originally introduced as Senate Bill 57, the new law takes aim at several areas of concern, including divorce, child custody, and parental relocation, looking to keep up with the ever-evolving family dynamic.
At-Fault Divorce Eliminated
As it currently stands, a large majority of divorce cases throughout the state are granted on the grounds of irreconcilable differences, sometimes called a “no-fault” divorce. Beginning January 1st, when the new law goes into effect, such grounds will be the only option available for those wishing to dissolve their marriages. Fault grounds, which include infidelity, mental or physical cruelty, abandonment, and excessive substance abuse, will be eliminated, as the impact of at-fault divorce is relatively minimal anyway under current law. Marital misconduct may not be legally considered in any proceedings for spousal support, division of property, or child-related matters, as long as the child is not directly affected.
Mediation: The Cheaper, Friendlier Way to Divorce
If you are considering filing for divorce or have already done so, know that going to court is not your only option. There are other ways to complete your divorce, such as mediation and collaborative divorce. These methods are collectively known as alternative dispute resolution, which covers a wide range of non-litigative ways to resolve legal issues. In Illinois, the laws related to mediation and mediators are outlined in the Uniform Mediation Act.
There are many benefits that come with choosing mediation for your divorce. Many couples who choose this option report higher levels of satisfaction with their divorce settlements and better relationships with each other following their divorce. These benefits are derived from the greater level of control that couples who choose mediation have over their divorces than those who go through the traditional divorce litigation.
Drunk Driving Is Not Necessary to Celebrate Independence Day
In just a couple of weeks, the United States of America will celebrate its 239th birthday. Despite the various issues facing our country and regardless of the disagreements between political parties, we are proud to be Americans and are grateful for the many freedoms we have been afforded. At the Law Offices of Tedone and Morton, P.C., we look forward to the celebration our independence this July 4th as much as anyone, and we encourage you to enjoy the festivities safely. Be careful around the grill and with fireworks, but, most importantly, do not drink and drive. A DUI is simply not worth it.
Deadly Holiday Weekend
While specific estimates tend to vary from source to source, the overall concern is undeniable. Independence Day is among the deadliest days of the year on the countries roadways. According to an analysis conducted by the AAA Foundation for Traffic Safety, more people were killed in motor vehicle accidents on July 4th between 2000 and 2009 than on any other day of the year.
Understanding Child Custody in Illinois
Every year in Illinois, thousands of individuals end their romantic relationships with their significant others. A large number of such couples are also parents who are now faced with determining arrangements regarding the care and support of their children. Among the most important of these considerations is reaching an agreement on child custody, and understanding the various aspects of custody is an integral part of the process.
Physical Custody
The concept of physical custody is perhaps best described as the child's living arrangements. In most situations involving unmarried or divorced parents, one parent, often the mother, will be given primary physical custody of the child. A parent with primary physical custody may also be known as the residential parent, since the child lives with that parent a majority of the time. A large number of family situations involve some sort of shared physical custody arrangement.
Illinois Senate Passes Marijuana Decriminalization Bill
After getting through the Illinois House last month, legislation aimed at decriminalizing low-level marijuana possession passed the Senate this week. The bill's sponsors, however, have indicated that the measure is not ready to be sent to the governor's desk just yet, as some details in the application of the intended law must still be worked out. Under current Illinois law, the possession of small amounts of marijuana can result in criminal charges, with potential penalties of up to $2,500 and a year in prison. The new legislation would change the consequences of possessing up to 15 grams of cannabis to an offense similar to a traffic violation. It would be treated as a non-criminal offense and carry a fine of up to $125 with no arrests or formal prosecution.
Despite his personal beliefs about the use of marijuana, one of the bill's sponsors in the Senate, Michael Noland, D-Elgin, said that people's lives should not be ruined because of it. “It's wrong,” he said, “and I would encourage the children of this state and my own children to abstain from the use of the substance, but people do use this, and it should not be something that ruins social lives and professional lives as well.” Other proponents of the measure point to overcrowded prisons and court system backlogs. Decriminalization is seen as one way to address some of those problems.
Marital Property vs. Non-Marital Property
The decision to divorce is rarely an easy one. However, for many couples such a decision may represent the best alternative to an unhealthy and unhappy marriage. Whether a couple chooses to divorce based on the actions or inactions of one spouse, or simply to due the parties' growing incompatibility, many of the considerations during the divorce process remain remarkably similar. One of the most contentious of these is often the division of marital property and assets.
Equitable Distribution
Under Illinois law, a divorcing couple's marital property is to be divided equitably between the parties based on a consideration of the circumstances of the marriage and divorce. Equitable distribution does not guarantee that each spouse will be allocated half of the marital assets, however. It means that the negotiation or the finding of the court regarding property division should be fair and appropriate, whatever that is determined to be. Factors to be considered in establishing a fair arrangement are included in the Illinois Marriage and Dissolution of Marriage Act.
Understanding Spousal Maintenance Obligations in Illinois
Ending a marriage is often a painful process for everyone involved. Deterioration of the personal relationship between spouses can create tension and bitterness, while children may experience anxiousness regarding a seemingly uncertain future. In addition to its effect on personal feelings and relationships, divorce can also significantly impact the financial future and plans of both spouses, particularly among couples with more disproportionate incomes. The lower-earning spouse may be suddenly left facing an unfamiliar situation without the financial means of being immediately self-sufficient. Spousal maintenance, or alimony as it is known in other states and by the IRS, may provide a source of relief to a spouse in such circumstances, as prescribed under Illinois law.
When Spousal Maintenance is Appropriate
The purpose of laws related to spousal maintenance is to equitably distribute the financial impact of a divorce between both spouses. Illinois law grants full discretion to the court over the necessity of a spousal maintenance award, but requires the court to consider a number of factors. Considerations include:
Medical Marijuana Can Still Lead to DUI Charges
In January 2014, Illinois became one of 20 states in which the medical use of marijuana or cannabis was decriminalized. Under the Compassionate Use of Medical Cannabis Pilot Program Act, signed by then-Governor Pat Quinn in August 2013, registered users are permitted to purchase marijuana from a “dispensing organization” to treat symptoms related to a “debilitating medical condition.” In addition, however, the act also spells out some very important details over a registered user's operation of a motor vehicle and possible DUI scenarios.
Trace Law
Under previous Illinois law, drivers operating a vehicle with any amount of a controlled substance, including cannabis, in their system were subject to prosecution for DUI. With the passage of the medical marijuana law, the zero-tolerance policy has been eased regarding cannabis for drivers who possess a valid registry card. Law enforcement officer are required to establish the driver's impairment before proceeding to arrest a driver on suspicion of DUI.
Adoptee Rights Increased Under New Illinois Law
In the United States, it is estimated that one in six Americans are in some way connected to adoption. Illinois alone reports that more than 17,000 children were adopted in the state over the last decade. Adopted children and their families, both adopted and biological, looking to learn more about their relatives face an uphill battle. For example, in Illinois, a copy of another person's birth certificate can only be requested in very limited situations.
However, new legislation signed last July by then-Governor Pat Quinn makes the process for obtaining birth certificates of adoptees a little easier. Illinois House Bill 5949 (HB 5949) grants additional rights to adoptees. After signing HB 5949 into action, Governor Quinn stated that the new adoptee rights law will allow adoptees to fill in the branches of their family tree through the access of information about their past as well as about biological family members.
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