Posted on May 26, 2022 in Divorce

For some couples who are ending their marriage on mutual terms, the divorce process can proceed in a more collaborative manner. You both may agree that it is time to end your marriage, and largely agree on how to divide your assets and responsibilities. This is certainly not the case in many divorces, but for those couples who do, an uncontested divorce may be an option.

Benefits of an Uncontested Divorce

Even in an uncontested divorce, a couple must come to a resolution on many key issues, including dividing their marital property and whether one spouse will provide spousal support or alimony to the other. Marital property commonly divided in a divorce can include large assets including retirement savings and the marital home. If the couple has children, they additionally must address the allocation of parental responsibilities, how parenting time will be divided, and how child support payments will be made and at what amount. These do not all have to be decided before you start the process, but it helps when there are no major points of contention.

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 Posted on May 17, 2022 in Divorce

Losing your job or having your salary cut can present you with several financial challenges. If you have been through a divorce and are providing child support, you may be wondering how you will keep your required payments going. When tough times hit, you do have the option to modify your monthly payments to keep providing for your children while adjusting to your new situation. Working with a knowledgeable attorney who can help you through the modification process is helpful.

Child Support Payment Calculations in Illinois

After a divorce, both parents are responsible for providing for their children. This includes their basic needs like food, housing, health, clothing, and education. During the divorce process, formulas are used to calculate how much each spouse should be providing for child support. The level for each parent is determined by combining their total net income and allocating an equitable share to each parent. While they are primarily based on each spouse’s income at the time, they also consider the allocation of parental responsibilities, the number of children, the previous standard of living before the divorce, and the needs of the children. The parent who spends more time and money caring for the children, known as the custodial parent, will typically receive monthly payments from the non-custodial parent.

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 Posted on May 10, 2022 in Criminal Law

It probably comes as no surprise that retail theft is taken seriously by retailers and law enforcement in Illinois. To protect merchandise at stores and retailers, Illinois has some of the strictest penalties for shoplifting in the country. While you may commonly think of shoplifting as sneaking an item out of a store in a pocket or under a coat, Illinois law specifies a number of actions that constitute retail theft or shoplifting.

Retail Theft in Illinois

Under Illinois law, the following actions constitute shoplifting or retail theft:

• Sneaking merchandise out of a store without paying for it. This is a classic example of shoplifting.
• Changing the price tag or label of an item to make it appear to cost less than it should.
• Hiding merchandise in other merchandise in order to sneak it out of the store.
• Under-ringing an item at a register. This charge had been more commonly used against store employees when buying items for themselves or for their friends or acquaintances. However, it is also becoming more common with the advent of self-checkout lines in grocery stores and other retailers

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 Posted on May 03, 2022 in Divorce

Disagreements over finances are one of the leading causes of divorce in the United States. Animosity can only grow if the couple is heading down the road to divorce and one spouse is intentionally spending the couple’s assets wastefully. This practice, known as dissipation, can be considered by the court during the divorce process and impact the final order from the judge.

Dissipation in Illinois Divorce Cases

Illinois is an equitable distribution state for dividing marital assets during a divorce. Rather than splitting a couple’s assets evenly, each spouse will receive the amount that the court decides is fair based on a number of factors. When a spouse is accused of dissipation, they may be trying to waste a portion of the existing marital assets before the division has been finalized in order to deprive the other spouse of that asset. The action does not need to occur during the divorce process but during the time when the marriage has undergone “an irretrievable breakdown.” While it is difficult to stop such spiteful behavior before it occurs, the court can consider those actions when making their final divorce order.

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 Posted on April 29, 2022 in Criminal Law

As divorce after the age of 50 becomes more common, it is becoming clear that the issues facing couples who split later in life may be different from those whose divorce occurs in their twenties, thirties, or forties. Child custody and child support are less likely to be issues, unlike if you had divorced when your kids were younger. However, new challenges on how to divide marital assets, handle spousal support, and plan for retirement savings and social security are more common.

Three Common Issues When Couples Divorce Near Retirement

• Spousal maintenance or alimony – While alimony itself is not an uncommon issue to tackle during a divorce, there are additional challenges for older individuals. If one of the spouses has limited or no recent work experience, it can be more difficult to get the opportunities to learn new skills or receive training to start or restart a career. This has a bigger influence on the calculation of spousal maintenance.

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 Posted on April 22, 2022 in Criminal Law

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:

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 Posted on April 18, 2022 in Criminal Law

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. 

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 Posted on April 07, 2022 in Criminal Law

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. 

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 Posted on January 27, 2022 in Sex Crimes

Statutory rape is a common term used for behavior that meets the technical definition of criminal sexual abuse in Illinois. The legal age of consent for sexual activity of any kind is 17 years old. Anyone younger than that cannot legally consent to sex, even if the minor voluntarily engaged in the act and even if the minor’s sexual partner is also under 17 years old. Contrary to how “consent” is often used in common parlance, for legal purposes, someone simply cannot legally consent to sexual activity in Illinois under age 17.

This can cause some confusion for individuals who are caught engaging in sexual activity with their underage boyfriend or girlfriend. Despite what may seem like enthusiastic participation from both parties, such behavior is illegal and can carry serious criminal penalties. If you are being investigated for or have been charged with criminal sexual abuse, get an experienced Illinois criminal defense attorney right away.

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 Posted on January 24, 2022 in Divorce

Substance abuse is a serious problem in many Illinois marriages. Although divorcing couples can no longer cite substance abuse as a cause for divorce, the fact remains that one parent’s substance abuse issues can not only contribute to the breakdown of a marriage, but may also intervene with that parent’s access to their child. Drug and alcohol abuse can affect the allocation of parental responsibilities and parenting time in Illinois.

Allocation of Parental Responsibilities

Couples who share children must create a parenting plan whether they were married or not. Both parents are expected to work together to design an agreement that is in the best interests of a child. An Illinois court must approve a parenting plan, and parents who have a difficult time agreeing may be required to attend mediation.

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