A major part of the decision-making process of any divorce involves the division of marital property. While savings, retirement accounts, and other assets may have significant value, the marital home is often the largest single asset any divorcing couple owns. As such, it can become a major point of contention during the divorce process. Depending on your situation and preferences, our experienced divorce attorneys can help you retain your house after a divorce or receive a fair settlement , either through its sale or a settlement during the divorce process. 

Options for Dealing with Your Home

Since Illinois is an equitable distribution state, meaning each spouse receives a fair, not equal share of the marital estate, a home can often pose a problem during the process. Depending on the length of the marriage, how much equity the couple has in the house, and the value of their other assets, the house may have a greater value than the rest of their assets combined. Therefore, there are different solutions to consider on how to equitably handle the house and its value during the division of marital property. These options include:

• The house can be sold, with the proceeds being equitably divided between the spouses

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In Illinois, individuals accused of endangering a spouse, family member, or domestic partner may be served with an order of protection. The purpose of the protection order is to keep them away from the alleged victim and prevent the subject from contacting the victim. If you have been served by an order of protection, it is important that you comply with the order and that you understand your rights and responsibilities. 

Orders of Protection in Illinois 

There are three different types of Order of Protection under Illinois law:

• Emergency Order of Protection - The first step is usually for an emergency order to be sought by petitioning a judge. The accused individual does not need to be present for this hearing. This order will last for 14 to 21 days, after which a hearing will be held and a judge will determine if the order should be extended. 
• Interim Order of Protection - This order can be used to extend the order of protection for an additional 30 days until a hearing is held.
• Plenary Order of Protection - This final step may be ordered by a judge after a hearing where both parties are present. This order can last up to two years. 

Depending on the circumstances, the initial order may prevent you from contacting your spouse or your children. While you may want to plead your case immediately, it is important to abide by the order and not attempt any contact until a subsequent hearing can be held. This includes contact by phone call, text message, email, or sending a message through another person. Any violation of an order of protection is a Class A misdemeanor and you could face up to one year in jail and a fine of up to $2,500. 

If you are considering a divorce in Illinois, you may be facing challenging decisions on the division of marital property. During an Illinois divorce, each spouse is entitled to a fair share, not necessarily an equal share, of the couple’s marital property. Before the division occurs, there are ways to keep certain non-marital assets out of this process. Non-marital assets are those that each spouse entered into the marriage with or was acquired as a gift or inheritance during the marriage. You can use three strategies, starting even before getting married, to protect your individual assets in a divorce case.

Prenuptial or Postnuptial Agreement 

Created before marriage, a prenuptial agreement can specify which assets will remain as non-marital property. A prenuptial agreement can be used by an individual spouse if they own their own business or have substantially more assets. Prenups may also be useful if both spouses bring significant assets into the marriage.  Like a prenuptial agreement, a postnuptial agreement defines spouses’ financial rights and responsibilities, but the agreement is entered into after the couple is married. 

Separate Financial Accounts 

By creating or maintaining separate bank accounts or investment accounts, you can keep assets that you consider non-marital assets separate from joint marital accounts. A different account can also be used to deposit proceeds if you sell individual assets during the marriage. If the proceeds from such a sale are deposited into a joint account, they could later be considered common marital assets.

Although people frequently think of “burglars” as people who break into houses and steal things, Illinois considers any form of breaking and entering to be burglary whether or not anything was actually stolen. As long as the prosecution can determine that an alleged burglary intended to commit the crime of theft or another felony crime, breaking and entering is considered a felony.

Additionally, breaking and entering can take place in other buildings and facilities besides homes; public buildings like schools and government offices, storage sheds, RVs or other trailers, and even aircraft can be burgled. If you have been charged with burglary in Illinois, it is important to understand the law and hire an experienced criminal defense attorney.

What Is Burglary?

Under Illinois law, burglary charges can be filed against an alleged offender who knowingly, and without permission, entered the property of another person intending to steal something or to commit another felony crime. No locks have to be broken for the charge of burglary to apply. The seriousness of the charges and consequences will depend on what exactly happened during the burglary. These charges, and when they apply, include:

It is a well-known fact that colleges and universities are often hotbeds of reckless underage drinking. More than half of college students admit to riding in a car knowing the driver was under the influence, and college-age students represent an outsized share of drunk driving accidents.

Because of the inherent dangers of driving while drunk, Illinois takes driving under the influence (DUI) charges very seriously. At any age, getting hit with a DUI has expensive and long-lasting consequences, but the penalties faced by underage college students can be particularly damaging to a young adult’s future.

What Is a Zero-Tolerance Law?

Illinois law states that a minor who has even the smallest amount of detectable alcohol in their system while driving can be charged with an underage DUI and have their driver’s license suspended for three months to a year.