Recent Blog Posts
Why Do Spouses Stay Together in Troubled Marriages?
Over time, marriages can run aground on rocky shores. Adversity and arguments are normal in a marriage, and conflict resolution is foundational for a strong relationship. However, when a marriage reaches a point of stagnation or coldness, some spouses may decide to stay together even if divorce might seem like an appealing option. The reasons for this are complex, varying from couple to couple, and sometimes, it serves their long-term interests to stay together even if the relationship feels distant.
If you find yourself in a troubled marriage, a Joliet, IL family law attorney can serve as a source of counsel, providing legal advice and representation whether you decide to remain married or get a divorce. At Law Offices of Tedone and Morton, P.C., our attorneys are ready to advocate for your desired outcome, bringing our full knowledge of the law to each case.
Benefits
Even when a relationship turns stale, many couples opt to stay together for the mutual benefits of marriage. A couple filing jointly on their tax returns can reap significant savings compared to filing separately, which is why many couples going through a divorce opt to file their last tax return together. Furthermore, it is common for spouses to make use of each other’s employer benefits, incentivizing them to stay together.
Estate Planning Considerations for Same-Sex Marriages
Estate Planning Considerations for Same-Sex Marriages
Estate planning is essential for everyone, but for same-sex couples, it can carry particular significance. While marriage equality has granted LGBTQ+ couples the same legal rights as heterosexual spouses, lingering complexities in state and federal laws, as well as family dynamics, can create challenges if proper plans are not in place. A thorough estate plan ensures your assets are distributed according to your wishes, your loved ones are cared for, and potential disputes are minimized.
Why Estate Planning Is Especially Important for Same-Sex Couples
Marriage provides a foundation of legal rights, such as spousal inheritance and decision-making privileges. However, estate planning ensures these rights are fully protected and tailored to your circumstances. For same-sex couples, a comprehensive estate plan can address unique considerations, such as the inclusion of non-biological children, extended family dynamics, and any gaps in legal protections.
How Can I Protect My Property in a Divorce in Illinois?
When things turn bitter between you and your spouse, you might have pressing concerns about what will become of your property and other assets, especially if you do not have a clear claim to it as separate property. Before you make any big financial decisions, you should consider working with a Plainfield, IL divorce attorney who can help you secure your rights to property.
At Law Offices of Tedone and Morton, P.C., we are well-versed in property division, and we can act as aggressive negotiators on your behalf to help keep your possessions in an imminent or ongoing divorce.
Pre- and Postnuptial Agreements
Sometimes, the best way to address a problem is to take care of it early on. A prenuptial or postnuptial agreement can outline specific terms for the division of property and assets in the event of a divorce. Although you may feel like signing one of these agreements is akin to planning for a divorce, it may be better to think of it as accounting for a possibility rather than an eventuality.
Handling Disagreements About Parental Responsibilities
There is no denying that divorce can be incredibly stressful for everyone involved. When it comes to making decisions about children, tensions can run high if parents have conflicting opinions about how decision-making authority should be allocated.
If you have reached a point of strong disagreement with your former spouse regarding parental responsibilities, you have a choice to make: would you rather settle the matter in court, or would you prefer trying to resolve the issue through mediation?
Every divorce is different, and there is no easy band-aid fix for resolving issues of legal custody. A Joliet, IL family law attorney at Law Offices of Tedone and Morton, P.C. can advise you of your best course of action, representing your child’s best interests through aggressive negotiation in and outside of court. Attorney Barbara Morton has over 20 years of experience handling complex family law matters on behalf of her clients, and she is prepared to take any case to trial.
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.
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