Recent Blog Posts
Understanding Child Custody in Illinois
Every year in Illinois, thousands of individuals end their romantic relationships with their significant others. A large number of such couples are also parents who are now faced with determining arrangements regarding the care and support of their children. Among the most important of these considerations is reaching an agreement on child custody, and understanding the various aspects of custody is an integral part of the process.
Physical Custody
The concept of physical custody is perhaps best described as the child's living arrangements. In most situations involving unmarried or divorced parents, one parent, often the mother, will be given primary physical custody of the child. A parent with primary physical custody may also be known as the residential parent, since the child lives with that parent a majority of the time. A large number of family situations involve some sort of shared physical custody arrangement.
Illinois Senate Passes Marijuana Decriminalization Bill
After getting through the Illinois House last month, legislation aimed at decriminalizing low-level marijuana possession passed the Senate this week. The bill's sponsors, however, have indicated that the measure is not ready to be sent to the governor's desk just yet, as some details in the application of the intended law must still be worked out. Under current Illinois law, the possession of small amounts of marijuana can result in criminal charges, with potential penalties of up to $2,500 and a year in prison. The new legislation would change the consequences of possessing up to 15 grams of cannabis to an offense similar to a traffic violation. It would be treated as a non-criminal offense and carry a fine of up to $125 with no arrests or formal prosecution.
Marital Property vs. Non-Marital Property
The decision to divorce is rarely an easy one. However, for many couples such a decision may represent the best alternative to an unhealthy and unhappy marriage. Whether a couple chooses to divorce based on the actions or inactions of one spouse, or simply to due the parties' growing incompatibility, many of the considerations during the divorce process remain remarkably similar. One of the most contentious of these is often the division of marital property and assets.
Equitable Distribution
Under Illinois law, a divorcing couple's marital property is to be divided equitably between the parties based on a consideration of the circumstances of the marriage and divorce. Equitable distribution does not guarantee that each spouse will be allocated half of the marital assets, however. It means that the negotiation or the finding of the court regarding property division should be fair and appropriate, whatever that is determined to be. Factors to be considered in establishing a fair arrangement are included in the Illinois Marriage and Dissolution of Marriage Act.
U.S. Marshals Arrest Over 100 Felony Fugitives in Chicago
A six-week clean-up initiative by the United States Marshals Service has led to the capture of more than 7,000 felony fugitives across the country, including more than 100 in the greater Chicago area. The sweep represented an enormous cooperative effort between federal authorities, regional task forces, and local law enforcement in an attempt to get criminals off the streets in addition to seizing drugs and illegal weapons.
Known as Operation Violence Reduction 7, the initiative which ran from March 2 through April 10 is being heralded as a success, both locally and nationwide. Director of the U.S. Marshals Service Stacia Hylton said, “Operation VR 7 was not about increasing arrest numbers, but rather an effort to further protect communities by targeting the most dangerous felony fugitives.” She credited the cooperation of community leaders and local police departments in helping “to get the worst of the worst fugitives off the streets.”
Understanding Spousal Maintenance Obligations in Illinois
Ending a marriage is often a painful process for everyone involved. Deterioration of the personal relationship between spouses can create tension and bitterness, while children may experience anxiousness regarding a seemingly uncertain future. In addition to its effect on personal feelings and relationships, divorce can also significantly impact the financial future and plans of both spouses, particularly among couples with more disproportionate incomes. The lower-earning spouse may be suddenly left facing an unfamiliar situation without the financial means of being immediately self-sufficient. Spousal maintenance, or alimony as it is known in other states and by the IRS, may provide a source of relief to a spouse in such circumstances, as prescribed under Illinois law.
When Spousal Maintenance is Appropriate
Medical Marijuana Can Still Lead to DUI Charges
In January 2014, Illinois became one of 20 states in which the medical use of marijuana or cannabis was decriminalized. Under the Compassionate Use of Medical Cannabis Pilot Program Act, signed by then-Governor Pat Quinn in August 2013, registered users are permitted to purchase marijuana from a “dispensing organization” to treat symptoms related to a “debilitating medical condition.” In addition, however, the act also spells out some very important details over a registered user's operation of a motor vehicle and possible DUI scenarios.
Trace Law
Under previous Illinois law, drivers operating a vehicle with any amount of a controlled substance, including cannabis, in their system were subject to prosecution for DUI. With the passage of the medical marijuana law, the zero-tolerance policy has been eased regarding cannabis for drivers who possess a valid registry card. Law enforcement officer are required to establish the driver's impairment before proceeding to arrest a driver on suspicion of DUI.
Adoptee Rights Increased Under New Illinois Law
In the United States, it is estimated that one in six Americans are in some way connected to adoption. Illinois alone reports that more than 17,000 children were adopted in the state over the last decade. Adopted children and their families, both adopted and biological, looking to learn more about their relatives face an uphill battle. For example, in Illinois, a copy of another person's birth certificate can only be requested in very limited situations.
However, new legislation signed last July by then-Governor Pat Quinn makes the process for obtaining birth certificates of adoptees a little easier. Illinois House Bill 5949 (HB 5949) grants additional rights to adoptees. After signing HB 5949 into action, Governor Quinn stated that the new adoptee rights law will allow adoptees to fill in the branches of their family tree through the access of information about their past as well as about biological family members.
Understanding Illinois New Revenge Porn Law
Revenge porn is the act of posting nude and otherwise sexual or intimate images or videos of a person online without that person's consent. Revenge porn is typically associated with vengeful acts committed by a scorned lover who wants to punish and/or humiliate an ex-partner following a break-up. Illinois has recently joined the ranks of 15 other states that have created specific legislation that makes the posting of revenge porn illegal. In fact one of the last things done by Illinois outgoing governor Pat Quinn was the passing of Illinois' new revenge porn law, which makes it a felony to post sexually explicit photos and videos of another online without that person's consent. Illinois law is unique because it places a priority on the harm committed against the victim of revenge porn, and also makes it an official punishable crime to disseminate a nude or otherwise intimate selfie without the subject of the image's consent.
U.S. Supreme Court to Hear State Same-Sex Marriage Ban Cases
In 2013, the U.S. Supreme Court (SC), in United States v. Windsor, struck down certain provisions in the Defense of Marriage Act (DOMA), which resulted in the federal government recognizing those same-sex marriages granted in states that allowed such unions. Since then, many on both sides of the same-sex marriage debate have wondered when the SC would officially rule on whether there was a constitutional right to enter into a lawful same-sex marriage, regardless of whether a state permits such unions. Recently, many were excited to learn that the SC has agreed to hear four different state-based cases that centered on different but connected state and same-sex marriage legal questions and issues.
Illinois' 2015 New Criminal and Family Laws
Last year, unlike federal legislatures, the Illinois state government was extremely busy when it came to drafting, presenting and passing new laws. In fact, beginning on January 1, 2015, almost 200 new state laws passed in 2014 will take effect in the state of Illinois. These laws span virtually all relevant legal and industry categories and will affect many issues, including family, health, revenue, taxes, senior citizens, state government, veterans rights, transportations, agriculture, natural resources, civil law, consumers, economic development, business, ethics, pensions, public safety, energy, the environment, human services, housing, local government and transportation. Given that these new laws span a broad range of family law and criminal law issues, we decided to provide a list of some of the most important new laws that have recently taken effect in Illinois.
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