This problem is not only one of the most pressing issues of our time, it is also one of the fastest-growing problems we have seen in a while. Each year, an estimated 2.6 million Americans abuse prescription drugs for the first time. In a few cases, this use is just a one-time experimental use of a drug. In most cases, however, it is the first step on the road to a dangerous addiction. Some say that the opioid epidemic began...

Many marriage dissolution matters in Chicago involve a small business. There are about 30 million such entities in the United States, according to the Small Business Administration. That figure represents 99.9% of the businesses in America. A successful business may have a significant value. In many cases, it is the largest asset in the legal proceeding and also the couple’s primary source of income. Small businesses often have a significant emotional value as well. Sometimes, that emotional value eclipses the...

Between 1990 and 2015, divorce rates dropped sharply for people between 25 and 39. In the 40-49 age bracket, divorces increased, but not by very much. In the over-50 age range, divorce increased a whopping 109% during that same time frame. The divorce rate among couples over 65 increased even more. Why are so many older couples divorcing in the Chicago area, and what impact does it have on their families? Attitudes have changed significantly among people over 55. In...

In January 2018, new rules went into effect for doctors and clinics that prescribe opioid painkillers. This new law is meant to work with the already-stiff penalties for prescription drug abuse in Illinois. The new legislation is a watered-down version of an earlier bill. Going forward, all opioid prescribers must check the state’s Prescription Monitoring Program before they write these prescriptions. The PMP is designed to cut down on the number of “doctor-shoppers” who go from one provider to another...

The percentage of Americans who own a smartphone has doubled since 2011. That is an awful lot of change in a very short time. As we mentioned in a previous post, the law does not adapt very well to any kind of technological change. Thanks to the introduction of Cloud storage, most smartphones now have almost infinite storage capacities. Without that four-digit passcode, however, the device is just a piece of plastic instead of a treasure trove of evidence in...

If the marriage lasted longer than a few years, most couples have significant property and debt to divide during a divorce. In Illinois, the distribution must not constitute an unfair financial burden for either party. Note that marriage dissolution is almost always a financial burden, but neither the husband nor the wife should shoulder more than half of it, in most cases. To bring about an equitable distribution, a Chicago judge looks to a number of different factors. None is...

Glasgow & Olsson was successful in having protective order statute declared unconstitutional because it violates due process rights by not allowing a hearing before substantive rights are taken away. Read Judge William Parkurst’s opinion here.

For the most part, judges are notorious slow in embracing new technology. A few years ago, Chief Justice John Roberts noted that the Justices used vacuum tubes to send messages to one another well into the 1970s. Typically, such episodes are simply mildly amusing, at least to some people. In other cases, this reluctance to change is downright dangerous. Smartphones are a good example. Over 10 years after the first iPhone hit the shelves, there is still no comprehensive criminal...

Over the past several years, alimony has become one of the most controversial subjects in Chicago family law cases. Many advocates bemoan the lack of consistency. Under the old law, a Lake County judge and a Cook County judge could theoretically look at the same facts and award vastly different amounts of spousal support. Others clamored for more flexibility. They convincingly argued that since every case is different, the more facts the judge considers, the better. The

In the March 2018 primaries, voters in the nation’s second most-populated county overwhelmingly endorsed a proposal to “legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older”. This ballot measure is only a nonbinding resolution and it has no legal effect whatsoever. Possession of any amount of marijuana is still a crime in Illinois, unless it is for bona fide medical purposes. Given the amount of support (68%) and...

Family law judges in the Prairie State must make all child custody decisions in the best interests of the children. That includes both custody and visitation matters. Typically, both parents agree with that overall sentiment even if they are in the midst of a bitter divorce. Yet almost all parents disagree as to the specifics. To resolve these differences, judges may look at a number of factors to determine best interest. 750 ILCS 5 gives a non-exhaustive list of items....

The quasi-legal devices were back in the news again recently. The venue is different, but the criminal law issues, lack of transparency, and civil rights questions are the same. In December of 2015, the Toronto Police Department flatly told a local newspaper “we do not use the Stingray technology and do not have one of the units”. Two years and multiple Freedom of Information Act requests later, the newspaper discovered that this statement was a lie. Apparently, local law enforcement...

Illinois modification procedures changed significantly in 2016. Collar counties (DuPage, Kane, Lake, Cook, McHenry, and Will) are now subject to a 25-mile rule. Under this rule, parents with custody of minor children have almost unlimited discretion to relocate if the new residence is less than 25 miles away. In the state’s other counties, a 50-mile radius is the cutoff. Even short-distance moves can be quite disruptive. Most divorced families spend months of trial and error developing a pickup and drop...

For several decades, the Breathalyzer has been front and center in the “war” against drinking and driving. Now, there is talk of lowering the Blood Alcohol Content threshold from .08 to .05. With such a small sample size (two or three drinks in most cases), accuracy will be even more important. This accuracy is one of the biggest and darkest clouds that surround the Breathalyzer’s use. An experienced defense attorney can use the Breathalyzer’s flaws to essentially invalidate the test...

Just as the costs and procedures involved in a family law case vary greatly among different jurisdictions and different types of claims, the resolution process varies, as well. Over 97% of these cases settle out of court. Based on the trends, that number could be even closer to 100% in a few years. That statistic is quoted a lot, but sheds little light on the issue. A simple marriage dissolution case might settle almost immediately if the couple was only...