Marital Property Defined Generally, marital property is all property acquired during the parties’ marriage. Marital property usually includes property that is solely titled in one spouse’s name, such as a house or vehicle. This rule also applies to each spouse’s income, and many other financial assets. Since a marriage is not only a romantic commitment but also a legal union, spouses essentially become one financial entity. This is why spouses can split up financial assets such as income during divorce....

Currently, Illinois drivers face tough penalties if convicted on DUI charges related to drugged driving, even in cases where the driver is not impaired. A recent proposal in the Illinois legislature could lighten some of the restrictions placed on drivers who use marijuana. All drivers should be aware of both current DUI laws and the how these laws could change in the near future. Current Marijuana DUI Laws The term DUI, or driving under the influence, actually applies to instances...

Filing for divorce is a decision that will affect nearly every aspect of your life. When you do choose to file for divorce, the ensuing legal process may become quite complex. No divorce is ever “simple,” and it can lead to challenging legal issues. Often, an important part of many cases is recovering information through the process of discovery and depositions. Your attorney can use what is gained during a deposition to help in the resolution of your case. Like...

Choosing to file for divorce initiates a complex legal process. There are many legal steps to take as your divorce case continues. Before actually filing, you must first provide a legal reason for the divorce. Selecting the grounds for your divorce can be complex, as there are many factors to consider. Before filing, read the information below. Then, contact an experienced family lawyer to discuss your options. Fault-Based Divorce The grounds for divorce are essentially the legal reasons you provide...

Not only is a divorce a complex personal issue, but the legal process can be quite complicated as well. There are many steps to getting divorced, beyond filing for divorce in court. While some cases are more lengthy and complicated than others, there are many legal steps that are standard to most divorce matters. In a contested divorce (where the spouses cannot agree about getting divorced or about major issues like property division), a common part of the process is...

If your child has been arrested or charged in a juvenile criminal case, there is important information you need to know as the parent. Juvenile cases are given special considerations under Illinois law. The law imposes certain requirements on police when detaining and interrogating alleged juvenile offenders. If your minor child is facing charges, learn more about their rights below. Then, contact a local juvenile defense lawyer. How Are Juveniles Charged? As with all criminal charges, juvenile charges depend on...

Illinois police officers and prosecutors have been cracking down on motorists driving under the influence (DUI). When a driver is stopped for a DUI, police may administer a breath test to help them determine whether the driver was in fact under the influence of alcohol at the time. You have a right to refuse these tests.  In some cases, an officer will request that you submit t a breath test during the stop. Other times, the police will request a breath...

In Illinois, a driver who is unsafely impaired by drugs or alcohol could face a DUI charge. DUI, or driving under the influence, is a serious criminal charge in Illinois. A driver convicted of DUI, even for a first offense, can face stiff penalties. State DUI laws are complex, and are made even more complicated by recent changes to Illinois medical marijuana laws. If you are a medical marijuana user, read the important information below. Changes to Illinois DUI Laws...

Drug laws are changing in many state throughout the country, and Illinois is no exception. Recent changes to state law create new drug charges and harsh penalties related to buying, selling, making, and possessing synthetic drugs. Some of these drugs used to be legal to buy and sell, so some users may not realize they are breaking the law. As with all drug charges, the state aggressively prosecutes synthetic drug crimes. Read the information below, and learn more about how...

Most Illinois drivers are aware of state laws prohibiting drunk driving. Many drivers are also aware of the potential legal consequences of a drunk driving conviction. All drivers should be familiar with state laws prohibiting drugged driving, as well. A conviction of drugged driving, commonly referred to as driving under the influence of drugs (or DUI-D), could lead to many negative consequences. Such penalties upon conviction could include steep fines and jail time, even for a first offense. Learn more...

In March 2014, the Illinois Supreme Court ruled that the state’s eavesdropping statute was unconstitutional. Specifically, the court found that the statutory language was too broad because it criminalized recordings of public conversations, such as political debates on college quads. The court reasoned that the law violated the First Amendment because it does not make sense to penalize “eavesdropping” when the speaker has no expectation of privacy. In December, Governor Pat Quinn signed new eavesdropping rules into law. Under the...

Dividing marital property during a divorce is not always as simple as deciding who gets what. Sometimes, dividing marital property is a matter of determining who spent what, and whether that spending constituted dissipation. Dissipation occurs when a person wastes money or other property to prevent his or her spouse from getting those assets in a divorce proceeding. Specifically, Illinois law defines dissipation as a person’s use of marital property for his or her sole benefit for a purpose unrelated...

Driving under the influence is a serious offense. A driver whose blood alcohol concentration is 0.08 percent or higher – due to consumption of alcohol, drugs or any intoxicating compound – is guilty of a Class A misdemeanor, punishable by imprisonment (less than a year) and a fine up to $2,500. If the driver commits a second offense, he can also be sentenced to five days imprisonment or 240 hours of community service. If the driver was transporting a child...

While Illinois law does not assume that granting custody to the mother is in a child’s best interests, mothers often serve as custodial parents (whether by a court-sanctioned joint agreement between the parents or by court order). And while Illinois law presumes that visitation with the non-custodial parent is in the child’s best interests, the law does not require children to receive equal parenting time.* Thus, it is entirely possible – if not probable – that a mother with sole...

The following is a list of ten mistakes couples make during a divorce. 1. Believing your spouse will be fair and cooperative during the divorce proceedings: Divorce is an emotional process. You need to look out for you, because that is exactly what your spouse will do. It does not matter how long the marriage lasted or how in love you were–it is over now and you can no longer expect emotional support from your spouse. 2. Using your children...