Recent Blog Posts
When Will a Judge Award Sole Physical Custody in Illinois?
In Illinois, the courts generally prefer joint custody in divorces with children. When parents share joint physical custody, they can both remain present in the child’s life and work out a reasonable schedule for parenting time. Although joint custody is sometimes treated as the ideal solution, it is not right for every family.
If you want to petition for sole custody of your child, an Illinois divorce lawyer can represent your preferred solution in court. At Law Offices of Tedone and Morton, P.C., we provide personalized legal services to help you throughout a custody dispute. As aggressive negotiators and skilled litigators, we can adjust our approach to suit your needs.
Conflict Between The Parents
Divorce is a naturally stressful situation for a child, but that stress can be compounded in high-conflict divorces. If you and your ex cannot stand to be around each other to a point where contact almost always results in an argument, joint custody may not be the solution for you.
The Trouble With Courtroom Divorces
When your relationship with your spouse is slowly but surely becoming a burned bridge, the idea of going to mediation can be nauseating. A litigated divorce in the courtroom can seem like a preferable alternative, allowing you to advocate for your preferred outcome in front of a judge. However, this route may not be in your best interests, and is usually better saved as a last resort.
If you are considering divorce, our skilled Illinois family law attorneys at the Law Offices of Tedone and Morton, P.C. can walk you through your options to avoid an explosive courtroom divorce. Attorney Barbara Morton has over 20 years of experience in issues of family law, and she can provide you with legal guidance and aggressive negotiation throughout the dissolution process.
Scheduling
Courts of family law are frequently swamped with multiple cases at a time. As such, scheduling a court date – let alone multiple court dates – can be a tiresome effort. If you choose to handle your divorce entirely through the courts, you might have to wait months or even years to finalize it.
Who Gets the Pets in a Divorce? Understanding Pet Custody Disputes.
Who Gets the Pet in a Divorce? Understanding Pet Custody Disputes
Divorce is already an emotional process, but when pets are involved, it can become more complicated. While pets are often considered family members by their owners, most states still treat them as property in divorce proceedings. However, courts are increasingly recognizing the importance of pet custody and may consider factors beyond ownership.
If you are facing a dispute over a beloved pet or companion animal, here’s what you may need to prove you are the custodial pet parent. The following are some of the issues a judge may review:
How to Prove You Are the Custodial Pet Parent
To strengthen your case for keeping the pet, you should demonstrate that you are the primary caregiver. Some key ways to prove this include:
- Providing Financial Support – Show that you have been responsible for veterinary bills, food, grooming, and other pet-related expenses.
Three Tips to Avoid Marital Debt in Your Divorce
Property division in a divorce can be convoluted to sort out. Many people are surprised to find out that they could be responsible for their spouse’s debt, even if they seemingly had nothing to do with it. Thankfully, you can take steps to try to avoid marital debt in a divorce. An Illinois divorce attorney can help you plan around potential sources of liability, protecting you in the long run.
At Law Offices of Tedone and Morton, P.C., we have the experience to assist you with complex issues of property division, including debt division. We secure results outside of court through aggressive negotiations, but if necessary, we can take your case to court.
Separate Credit Cards
Credit cards can be an unexpected source of debt during a divorce. If you and your spouse shared a credit card during your marriage, you could end up paying for a portion of that debt even if you did not accrue it yourself.
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:
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