Recent Blog Posts
What Should I Consider in Estate Planning?
Planning for your passing can come with serious emotional baggage, and you may not even know where to begin. You might have concerns about what will get passed down to your family, how you will be taken care of near the end of your life, or whether your assets will be protected after your death. An estate planning attorney in Illinois can lessen the burden by walking you through the process of managing your affairs. The legal professionals at Law Offices of Tedone and Morton, P.C. provide personalized service in estate planning, hearing out your concerns and taking steps to have your needs met. If you are making preparations for your passing, you might consider addressing these issues early on.
Writing a Will
A will may be at the forefront of your mind during estate planning, for good reason. A clearly written will can ensure that your personal property and assets are allocated according to your wishes. When somebody dies without a will in Illinois, his or her property goes through intestate succession, an automatic system of dividing up your property to your next of kin: this is less than ideal, as it entails time in probate court and much confusion over who is entitled to what. With a will, you can designate someone you trust as an executor with the legal responsibility of managing your estate. An estate planning attorney can go over your will with you, making sure that the document is legally sound and clearly expresses how your estate should be divided.
A Quick Guide to Illinois Cannabis Laws Part 2 - DUI's & Cannabis in Illinois
Part 2 – DUI’s & Cannabis in Illinois
Driving under the influence of cannabis, like alcohol, is illegal in Illinois, with strict regulations to ensure road safety.
Prohibition on Driving Under the Influence:
· For drivers aged 21 and older, a THC concentration of 5 nanograms or more per milliliter of blood, or 10 nanograms or more per milliliter of another bodily substance (like saliva) can lead to a DUI charge.
· Illinois has a zero-tolerance policy for drivers under 21. Any detectable THC level, regardless of the amount, can result in a DUI charge.
Implied Consent Law
Illinois operates under an implied consent law, meaning that by driving in the state, you automatically consent to chemical testing (such as blood, urine, or saliva tests) if suspected of driving under the influence of cannabis. Refusing to undergo testing can lead to license suspension:
Will I Get Alimony in a Divorce?
The end of a marriage represents a dramatic shift. You may have been living together with your spouse for many years and may have become financially reliant on him or her. During the divorce process, you may have questions about how you are going to support yourself and/or your children after the split. An aggressive Illinois family law attorney can guide you through this process and make sure that you are taken care of through spousal support.
There are different factors that affect how much spousal support (alimony) you can receive and for how long. During divorce proceedings, a judge will take into account the following:
Earning Potential
In Illinois, the divorce courts will look at the earning potential of both spouses. If both spouses were working and earning roughly the same income, spousal support is less likely to be awarded. However, in cases where one spouse earned much less than the other (often the case with stay-at-home parents), then you may be entitled to significant spousal support payments. A family law attorney will look at both parents’ stream of income and break it down into clear, understandable language to the court to make a sound argument on your behalf.
Ways to Be Aggressive in a Divorce
Divorce is a difficult process, and it can become even harder when you know your spouse might use aggressive tactics. The question remains: How do you respond to these tactics? Contacting a lawyer is an essential first step in any divorce, especially when you believe your spouse is going to put up a fight.
The Reasoning Behind Aggressive Divorce Tactics
Sometimes, being aggressive in an Illinois divorce is about making sure you do not lose out before things even begin. If you think your spouse will also be aggressive, it might signal that he or she is ready to fight for everything. So, why might he or she take this approach? One reason can be to try to intimidate you or make you settle for less than what you deserve. He or she may try to gain the upper hand by being the first to act or demand more than they are entitled to. When you know your spouse is going to be aggressive, it is often wise to match that energy to ensure you are not overwhelmed.
Does Divorce Mediation Guarantee a Settlement?
Divorce mediation is often highlighted as a constructive approach to resolving issues in a civilized way. However, it is important to understand that while mediation can be helpful in obtaining a settlement, utilizing mediation does not guarantee a settlement will be reached. Discuss with your attorney different ways to approach the mediation process to better understand how to maximize your chances of success.
The Benefits of Mediation: Why Consider It?
Mediation offers numerous advantages during the divorce process. These advantages include:
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Costs less – Mediation is typically less expensive than traditional divorce litigation.
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Faster resolutions – Mediation can speed up the divorce process by avoiding lengthy court battles.
A Quick Guide to Illinois Cannabis Laws Part 1 – Cannabis in Illinois
A Quick Guide to Illinois Cannabis Laws & DUI’s
Part 1 – Illinois Cannabis
Proctored by Attorney Cosmo J. Tedone
With the increasing legalization of cannabis across the United States, it is essential to understand the specific laws in each state. In Illinois, cannabis has been legal for recreational use since January 1, 2020. Here is what you need to know about cannabis laws in the Prairie State:
Who Can Use Cannabis?
In Illinois, adults aged 21 and over are legally allowed to purchase, possess, and consume cannabis. However, it is important to carry a valid ID, as proof of age is required when purchasing cannabis from licensed dispensaries.
Medical vs. Recreational Purchases
Medical Cannabis Program: Illinois has a medical cannabis program with specific dispensaries for registered patients. Medical cannabis patients can purchase larger amounts, and have access to a wider range of products with lower taxes than recreational users.
How Can I Legally Pay as Little Alimony as Possible?
Spousal support is not a guaranteed factor in every divorce. However, suppose you believe spousal support is relevant to your Illinois divorce, and you believe you may be ordered to provide support to your ex-spouse. In that case, you are likely wondering what ways exist to ensure you do not have to pay an unreasonably high amount of money to your ex. Discuss with your lawyer practical tips and strategies to minimize what you are ordered to pay while also remaining compliant with Illinois laws.
Comprehending Illinois Alimony Laws
Alimony judgments are determined based on several factors outlined in the Illinois Marriage and Dissolution of Marriage Act. Courts consider the length of the marriage, the financial needs and abilities of each spouse, the standard of living during the marriage, and any other relevant circumstances. Knowing these factors can help you better understand how alimony is calculated and what you can do to minimize your financial obligation.
How Should Individuals Approach Prenuptial Agreements?
Entering into a marriage is a significant life change, often filled with excitement and anticipation for what the future may hold. However, it is important for people to consider the practical aspects of this union, including the potential benefits of a prenuptial agreement, often called a "prenup." Working with a skilled lawyer in Illinois can provide valuable insights and ensure that your interests are upheld in the prenuptial agreement. Clarity and security are two of the most important aspects of a prenup, and an attorney can help make certain you have both things in mind throughout the process.
Understanding the Purpose of Prenups
Prenuptial agreements serve as a proactive way for couples to address financial matters before getting married. While traditionally seen as a tool for asset protection, they can be equally beneficial for asset protection. Here is how to consider approaching prenups with a focus on independence and security. Prenups can help people to:
Why You Should Be Honest with Your Divorce Attorney
Divorce is frequently a process that features emotional stress and lots of uncertainty. When navigating this legal process, one of the most crucial steps you can take is to be completely honest with your divorce lawyer. Talking openly with your attorney can significantly impact the outcome of your case and help you get the best possible outcome. Here is why being truthful with your Illinois divorce attorney is so important.
Honesty Helps to Establish Trust
The relationship between a client and attorney is built upon trust. Without trust, your lawyer will not be able to represent your best interests since he or she will not be aware of the facts in relation to your case. Even withholding minor details can create a distrust that may affect your lawyer’s ability to effectively advocate for you. A strong partnership based on honesty that promotes open communication will allow your lawyer to craft the most compelling case on your behalf.
What Couples Need to Know About Marital Debt in a Divorce
Divorce is a process that can feel scary and overwhelming, with emotions running high and decisions to make at every turn. One aspect that can be particularly difficult to figure out involves marital debt. Couples in Illinois who decide to dissolve their marriage need to understand how marital debt is treated, as the issue can have long-lasting implications for both parties. In order to understand these implications, hiring a qualified attorney is an essential first step toward protecting your interests and your future.
What is Marital Debt?
In the context of divorce, marital debt refers to any financial obligations acquired during the marriage. Marital debt may include credit card balances, personal loans, mortgages, and any other debts that were taken out by either spouse to benefit the family. Illinois operates under the principle of equitable distribution, meaning debts (just like assets) will be divided fairly.