Recent Blog Posts
Finding Out Your Spouse Hid Assets After the Divorce Is Final
A poll among U.S. adults found that two out of five spouses admit to having committed some act of financial deception during the marriage. Unfortunately, while financial infidelity can play a significant role in the end of a marriage, it can also spill over into divorce.
Financial infidelity can place a tremendous strain on a couple’s relationship, leading to arguments, a breakdown of trust, and even divorce. The most common forms of financial infidelity during a marriage are hiding purchases, hiding a bank account, and hiding cash from a spouse. Lying about income or debt is also high on the list.
Men tend to be more likely than women (47 percent vs. 39 percent) to report committing financial deception during marriage; that figure tends to increase during divorce, with significantly more men hiding assets from their wives than vice versa. (Almost 63 percent of women felt "strongly" that their husbands hid assets from them during the divorce).
How Serious Is Driving with a Suspended License in Illinois?
It is difficult to know how many people routinely drive with a suspended license across the U.S. Some data collected suggest that at least 10 percent of all traffic offenses involve drivers without a valid driver’s license and that unlicensed drivers contribute to approximately 20 percent of traffic accident-related deaths.
Young adults are more likely to drive without a license, although economic barriers are often a hindrance to license acquisition. There are also legal consequences for those who are caught driving without a license and receive traffic violation citations. If you are facing charges of driving on a suspended or revoked license in the state of Illinois, it is important that you speak to a knowledgeable Plainfield, IL traffic violation attorney.
Dealing with Significant Debt in an Illinois Divorce
In a recent survey, 57 percent of Americans said they live paycheck to paycheck. Not only do we live paycheck to paycheck, but most of us (80 percent) have a significant amount of debt. As of 2022, the average debt for individual Americans was $38,000 – not including mortgage debt. Credit card debt and vehicle debt are the most common types of debt, along with student loans and medical debt.
The focus during a divorce is usually on dividing marital assets, but dividing marital debt can actually be a more difficult, complex issue. Illinois is an equitable distribution state in terms of asset division. Unlike a community property state that divides marital assets – and debts – right down the middle, equitable distribution states divide marital assets and debts fairly. What the term "fairly" means will depend on each couple’s unique situation.
Can the Parental Rights of Prison Inmates Be Severed?
As of 2020, nearly 200,000 children across Illinois have or have had a parent in jail or prison, placing additional burdens on the families and children left behind. It can be difficult for children to visit a parent who is behind bars, but research has shown that regular parenting time can improve the mental, physical, and educational outcomes of the child.
These visits can also increase the likelihood that the incarcerated parent will stay out of the criminal justice system once released. Parents who are in prison may worry about whether they could lose their parental rights. While abandonment of a child in Illinois can trigger the loss of parental rights, prison does not automatically mean abandonment.
The issue is much more complex and may hinge on the parent’s efforts to see his or her children. If you are facing such an untenable situation, it can be beneficial to speak to an experienced Plainfield, IL family law attorney to understand your options.
Juvenile Shoots Young Woman Outside Chicago Macy’s Store
A juvenile was taken into police custody three days before Thanksgiving when holiday festivities became rowdy, and a young woman was shot by the juvenile. The 19-year-old woman was walking on the sidewalk near the intersection of Washington and State Streets around 9 p.m. when a juvenile male fired shots. The gunfire created chaos in the crowd of thousands enjoying the Magnificent Mile Lights Festival.
The sole victim of the shooting ran into the Macy’s flagship store. The incident occurred just a few steps from the CBS News Chicago offices, which subsequently captured some of the panic on video. The juvenile hopped on a Chicago Transit train and was arrested by the police while on the train. The gun was recovered at the same time. The juvenile was charged with unlawful use of a weapon.
Weapons crimes are punished severely in the state of Illinois, but juvenile crimes are charged and punished differently in most cases. If you are the parent of a juvenile charged with a gun crime, it is extremely important that you speak to a knowledgeable Plainfield, IL juvenile criminal defense lawyer. Teenagers often make one-time mistakes, not realizing how serious the consequences may be.
Will I Lose My Business in an Illinois Divorce?
In Illinois, couples who get divorced are entitled to marital property. As a general rule, assets that were acquired during the marriage by either spouse are considered marital property and belong to both parties. There are some exceptions to this, like inheritances or gifts that were given to one spouse exclusively. For the most part, however, both spouses are entitled to a share of marital assets and it is up to the court how to divide them.
This leads many business owners who are facing divorce to wonder what will happen to their business once the marriage is dissolved. Every divorce case is different, however, so there is not one uniform answer. For more information, consult an Illinois divorce attorney who will explain whether your business is considered marital property and how it can be divided in a divorce.
Is My Spouse Entitled to a Share of My Business?
Generally, a business that you launched during the marriage would be considered a marital asset, meaning that your spouse is entitled to a share of it. However, even if you started the business before the marriage, it may still be seen as marital property. Illinois law gives courts wide leeway to decide how to divide assets, and a judge may decide that a company launched before the marriage should be divided among both spouses. This can happen if the non-owner spouse contributed to the business in some way, like if he or she cared for the children which freed up the other spouse to focus on the business.
What Are the Legal Defenses Against a Heroin Possession Charge?
Heroin is classified as a Schedule I narcotic in Illinois. Possession of heroin is a serious offense that carries severe penalties like prison time and hefty fines. In addition to dire sentences, a conviction of heroin possession can appear on your criminal record and affect your future.
Understanding the possible legal defenses against a heroin possession charge is a great first step toward fighting such accusations in court. The best way to protect yourself is to hire an experienced Illinois criminal defense attorney who will build a strong defense and ensure the best legal outcome possible.
What Are the Penalties for Heroin Possession in Illinois?
Possession of less than 15 grams of heroin is a Class 4 felony which carries a fine of up to $25,000 and a prison sentence of one to three years. Anything above that quantity is considered a Class 1 felony and carries a fine of up to $200,000. Prison time varies depending on the amount of the drug that was found:
What If My Ex Refuses to Follow the Parenting Time Schedule?
Getting divorced is a major life transition that can require many adjustments. One of the biggest challenges that divorced parents face is adapting to parenting time schedules. Parenting time means the time a parent spends with his or her child, or what other states call physical custody. In Illinois, parents who want to get divorced are ordered by a court to adhere to a parenting time schedule. The details of the schedule are laid out in a document called a parenting plan and describe how physical custody will be divided between the parents during the school year, vacations, and holidays.
Occasionally, emergencies happen or the day gets away and a parent may be late dropping the child off. However, if a parent consistently ignores or refuses to abide by the parenting time schedule, it is considered a violation of a court order. If your ex is failing to honor the schedule set out in your parenting plan, consult an Illinois parenting time attorney.
How Can I Prove Self-Defense in an Aggravated Battery Case?
Aggravated battery is a serious crime that carries severe penalties in the State of Illinois. One of the possible defenses against an aggravated battery charge is that the defendant acted in self-defense. While this may be a valid plea, it can be hard to prove. The law believes strongly in the right of individuals to defend themselves against threats; at the same time, however, society must be protected from wanton violence.
Proving a claim of self-defense depends on various factors such as the level of force used and the circumstances surrounding the incident. It can be difficult to persuade a judge that your aggravated battery charge should be dismissed due to lawful self-defense. The best way to prove a self-defense claim is to hire an experienced Illinois criminal defense attorney to build your case.
What Is Aggravated Battery?
Illinois law defines battery as willfully causing bodily harm to someone or touching someone in "an insulting or provoking" way.
Child Custody: What Does "Best Interests of the Child" Mean?
If you are going through a divorce and you have minor children, you are probably familiar with the term "best interests of the child." Do you know how Illinois defines this term and what it means for parental responsibilities?
Co-parenting is rarely easy, but an experienced Illinois parental responsibilities attorney can help you create an effective parenting plan that protects your children’s best interests.
What Are the Best Interests of a Child?
When parents with minor children separate or divorce, they must establish a parenting plan. This legal document lays out how parents will make decisions for their children and the amount of time each parent gets with them.
If you and your ex cannot agree on a parenting plan, the courts will decide. They will use what they deem to be the child’s best interests when making the determinations about parental responsibilities (custody), decision-making responsibilities, and parenting time (visitation).
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