Recent Blog Posts
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.
The Illinois Safe Haven Law
Thirteen years ago Illinois became one of the first U.S. states to adopt a safe haven law intended to allow the parent of a newborn to safely and legally abandon the child during dangerous circumstances. The Illinois Abandoned Newborn Infant Protection Act is not only a family law statute, it also prevents parents who abandon their children from being criminally prosecuted for such acts. Since the enactment of the Illinois safe haven law, over 100 newborn children have be safely handed over at Illinois police stations and fire houses. In fact, the 100th newborn was left at an Illinois fire station in December, with two other additional newborns following, which places the total amount of children saved by this law over 100.
Foreign Service Officers and Family Law
Every year, thousands of Foreign Service Officers (FSOs) serve the United States through global action and diplomacy. These men and women often spend years stationed abroad, while still maintaining residency in Illinois. When dealing with family law issues, FSOs face unique challenges, particularly in divorce and child custody matters. Living and working overseas while handling a divorce or other family law matter can be quite difficult. FSOs must take these difficulties into consideration before proceeding with any family law case.
FSO Divorce Challenges
Regardless of occupation, anyone getting divorced in Illinois must be a legal resident of this jurisdiction. Your residency is generally defined by where you live (your permanent address) and your voting district. To get divorced in Illinois, you or your spouse must have been a resident for at least 90 days prior to filing for divorce. For a Foreign Service Officer seeking divorce, the first challenge is establishing that you meet residency requirements to proceed with the case. An experienced family law attorney can determine whether the divorce residency criteria are met in your case, and help you decide where to file your case.
Business Valuation During the Divorce Process
When you are going through a divorce, the value of everything you own is considered during the property distribution process. This can include your business. A small business can be considered as part of a divorce settlement whether the couple built it together or one spouse owned it prior to the marriage and continued to develop it afterward. The role each spouse had in the business during their marriage and their intention for the business following the divorce can determine how it can be divided between them.
Options for Divorcing Business Owners
When a business-owning couple divorces, they have a few options regarding its operation:
- Continue to operate the business, which may require the spouse who opts to keep it to buy out his or her former partner's interest in it;
Understanding Illinois' Restricted Driving Permit Laws
Driving under the influence, or DUI, is the illegal act of operating a motor vehicle when under the influence of drugs or alcohol. In Illinois, a person is considered as having driven under the influence if he or she has a blood alcohol content (BAC) of .08 or more, is driving under the influence of any illegal substance, or is driving impaired as a result of medication. Those who are stopped by law enforcement under suspicion of DUI will have their drivers license suspended for a year if they refuse to undergo impairment testing. Those who are found guilty of a DUI face an assortment of different penalties, which depend on the driver's age, whether a child was a passenger, the driver's BAC, and whether the DUI was a first offense. However, all DUIs result in suspension of vehicle registration. Those pulled over and arrested for DUIs are also subject to statutory summary suspension of their driver's licenses; this suspension occurs whether or not the arrested person is subsequently convicted of criminal DUI.
Please provide your Name or Case Number when submitting a payment. Thank you.
Will County Divorce Attorney, Plainfield Residential Real Estate Lawyer
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
