Recent Blog Posts
The Dangers of Distracted Driving and How to Spot an Inattentive Driver
Distracted driving is one of the leading causes of car accidents. In fact, according to the Centers for Disease Control and Prevention (CDC), eight people are killed every day in the U.S. in collisions with distracted drivers. If you were injured in a car accident caused by a distracted driver, you should speak to a personal injury lawyer about your legal options.
Why Distracted Driving is Dangerous
Distracted driving occurs when drivers engage in any activity that diverts their focus from the road. Common distractions that drivers are faced with include talking on the phone, reading text messages, changing the radio station, and reaching for items in the vehicle.
When drivers take their attention off the road for any reason, they cannot see other vehicles and hazards on the road. For example, if the vehicle in front brakes suddenly, the distracted driver may not notice in time to avoid crashing into that vehicle.
How to Prepare For Financial Success in Post-Divorce Life in Illinois
Getting a divorce can be a major emotional undertaking. While that does not come as a surprise to most people, many people do not realize that divorce also has a large financial impact. Most married couples have finances that are intertwined to some degree. Even though this makes things easier and usually makes sense during a marriage, it can make things more difficult and stressful during a divorce. The key to success in your finances and your divorce, in general, is thorough preparation. If you are thinking about divorce or you are in the beginning stages of the process, here are a few things you can do to help prepare your finances and set yourself up for success after your divorce is finalized.
Open Up a Bank Account in Your Name Only
One of the first things you should do when you know that the divorce is definitely happening is to begin to separate your finances. The easiest way to start doing this is to open up a new bank account with only your name on it. You can begin to deposit your own income, like your paycheck from work, for example, into your bank account, rather than into a joint account held with your spouse. You will also likely be entitled to a significant portion of the funds in any joint bank accounts, and these can be transferred into your new account once your divorce resolution is finalized.
Can Legal Marijuana Use Affect My Right to Custody of My Child After a Divorce?
The marijuana landscape in the United States has been rapidly changing for the past couple of years. In 2020, the state of Illinois legalized marijuana for adult recreational use, making it legal for adults to purchase, use, and possess cannabis under certain circumstances. However, even though it is legal in Illinois, cannabis remains federally illegal. It is still classified as a Schedule I substance, which is thought to be the most dangerous class of drugs. Many parents going through a divorce typically have concerns about their children and how their parenting time and decision-making responsibilities will be allocated. Parents who are legal marijuana users often worry if their drug use will affect their ability to gain custody over their child. However, the answer to that question can be complicated
What Does the Law Say?
According to the Illinois Cannabis Regulation and Tax Act, there are certain situations in which cannabis use cannot be used to discriminate against certain individuals -- including parents. The Act states that a parent, legal guardian, grandparent, or another person who is responsible for caring for a child is protected from discrimination for their marijuana use when it comes to determining things like child custody, parenting time and decision-making responsibilities. This means that you cannot be denied your parental rights by the court for the sole fact that you are a cannabis user.
Understanding the Asset Division Process During an Illinois Divorce
If you are looking to get a divorce, you have likely encountered a long list of things that must be done before the divorce can be completed. One of the many steps that must be taken during a divorce is dividing marital property. This is one of the areas of divorce that is notorious for producing arguments and disagreements, even if you and your spouse are otherwise on the same page. The decisions made during this process are decisions about nearly every single piece of property that you own. If you make decisions that are not in your best interest, it can affect you for the rest of your life.
Marital Versus Nonmarital Property
The first step in the asset division process is determining what is and is not subject to division. Illinois law states that all marital property is subject to division, except for a few circumstances. Marital property is considered to be any asset or debt that you or your spouse acquired during the marriage. Certain assets that were acquired during the marriage, however, are exempt from division. These items include property acquired from a gift or through inheritance, property acquired in exchange for such property, property excluded from division as per a valid prenuptial agreement, and any property acquired after a judgment of legal separation.
Can I Hold a Property Owner Responsible for a Slip and Fall Injury in Illinois?
Slip and fall accidents are much more common than you would think. According to the Centers for Disease Control and Prevention (CDC), there were more than 8 million recorded hospital visits for fall injuries in 2019, making falls the leading cause of emergency room visits. Though it may seem extreme, falls can actually result in serious injuries, like broken bones, traumatic brain injuries or other soft tissue damage. To claim compensation for these injuries, you must be able to prove that the property owner was negligent. This can be a challenging feat, but an Illinois premises liability attorney will be able to help you make that determination
Defining Negligence
There are various definitions to the word “negligence,” but it has a specific definition in the legal world. Illinois law states that negligence occurs when a person fails to do something that a “reasonably careful” person would do. Negligence can also occur in the opposite situation, when a person does something that a “reasonably careful” person would not do under the same circumstances. The law does not, however, provide a definition of a “reasonably careful” person and leaves that to the discretion of the judge and/or jury
How is Child Support Calculated During a Divorce in Illinois?
Almost any issue that is discussed during divorce negotiations has the potential to become a contested issue. Even if you go into your negotiations with the goal of being cooperative, there is still a possibility that you and your spouse will not agree on certain things. When it comes to child-related issues such as parenting time and even child support, emotions and feelings can be at the forefront of these discussions. Both parents have the duty to provide financial support for a child, which is reflected in the child support formula that now takes into account multiple factors to calculate the parent’s payment. Before you discuss child support with your spouse, it can be beneficial to understand how the child support calculations are made
Determine Your Basic Support Obligation
Before you can determine who will pay support to who, you must first determine how much the state of Illinois thinks is an appropriate amount that both you and your spouse should spend on your child each month. This is called the basic support obligation. The basic support obligation is determined by adding together both parents’ net monthly incomes and then finding the matching basic support amount as shown in the schedule of basic child support obligations. This amount takes into account both parents’ incomes and the number of children between the parents. Then you will need to determine each parent’s percentage share of the basic support obligation. This is typically done by using the percentage of each parents’ share of the total household income.
Managing Your 401(k) in Your Illinois Divorce
Nearly all financial aspects of divorce are complex, but few are quite as confusing and consequential as the 401(k) retirement plans. Unlike other assets, these accounts often lead to costly penalties when dividing them, and those who dip into them to fund the actual divorce often find themselves in even more financial trouble. Learn how to effectively divide your retirement plan in divorce, and how the assistance of an attorney can mitigate the risks.
The Complexities of QDROs
Qualified domestic relations orders, or QDROs, are used to divide retirement and pension plans in divorce. They are also exasperating and frustrating for those who do not know how to handle them. This is especially true when the QDRO is handled by a third party. Additional fees can be added when things do not go smoothly (such as failing to follow a third party’s outlined instructions)—sometimes two to three times more than what the divorcing parties might have otherwise paid
Healthy Divorce Perspective: Looking at Divorce Through the Right Lens
Approaching divorce with the right perspective is often much easier said than done, but when you are able to look at the end of your marriage through a positive lens, the outcome is always healthier and less stressful for everyone involved. Grief and healing are processes that inevitably take time, but when you channel your energy into staying focused on new beginnings that will result from the separation, the road to peace and acceptance is generally less bumpy.
Here are three ways to help yourself develop a positive perspective on divorce:
1. Know When to Cut Your Losses.
Whether it is material possessions, bank accounts, or impending vacation plans that you made with your soon-to-be ex-spouse, one way to put a positive spin on divorce is to know when to let go and throw in the towel. Money and possessions are often mediums that couples use to take out all of their frustration, hurt, and anger, as using these things as weapons gives them the power to affect their partner. Instead of adding fuel to the fire and contributing to the storm, choose to compromise when it comes to money and belongings, or make the decision to walk away completely.
Delayed Symptoms After a Car Accident Could Be Signs of Serious Injury
More than 5 million auto accidents occur in the United States each year. In those crashes, over 1.5 million people are injured. Some injuries are minor, but others can have a significant impact on the life of the victim. Sadly, not all of these severe injury victims will receive compensation. This is because far too many of them do not seek treatment until it is too late. If you are involved in a vehicle collision, it is extremely important to know how to avoid the same troubling fate.
Adrenaline and Injury Symptoms
When a crash happens, the body of a person who was involved usually becomes flooded with adrenaline. The release of adrenaline tends to create the “fight or flight” response. It also redirects the body’s attention away from registering pain to a large extent. This natural response to trauma can mask the symptoms of an injury, leading the victim to believe they are fine. Even more troubling is that, even when symptoms do start to manifest, victims may not directly attribute them to the accident. If they continue to overlook the connection and never seek treatment, their risk for long-term complications and even death can increase dramatically
Restricted, Suspended, and Supervised Parenting Time in Illinois
If the health, safety, or well-being of a child is in question, the court may opt to either suspend or restrict the parenting time of a parent. Alternatively, the court may order supervised visitations. In either case, it is the concerned parent who carries the burden of proof. Sadly, far too many parents are not prepared and their children continue to face danger for longer than necessary. Learn more about how to protect your child with help from the following information and an experienced attorney.
Burden of Proof
Parenting time in Illinois is protected, not for the sake of the parent, but for the sake of the child. In short, it indicates that a child has the right to emotional and financial support from each parent. So, under the eyes of the law, the restriction, suspension, or order of supervised parenting time is a limitation of the child’s rights. It is from this angle that parents can understand why a preponderance of evidence is needed to limit or restrict parenting time.
