In community property states, marital property is split 50/50 between divorcing parties. That is not the case in Illinois, which is an equitable division state. Illinois law recognizes that the value of a party’s contribution to the marriage should affect the value of property that the party is entitled to if the marriage ends. Thus, “equitable” is not synonymous with equal. In fact, Illinois treats marriage almost like a business partnership. More specifically, Illinois considers marriage to be a “joint...

Almost 50 percent of marriages in the United States end in divorce, which affects 1.5 million children every year. Studies show that the greater the conflict between parents during and after divorce, the more difficult it is for kids to adjust to the split. One particular source of conflict arises when parents cannot agree on a custody arrangement. Unfortunately, contentious custody battles heighten tensions and thus exacerbate the problem. While the court will determine what custody arrangement will serve the best interests...

Sometimes the most difficult aspect of a divorce is helping children understand that you are divorcing your spouse; not them. One way to reassure your children is by regularly spending time together. Keep in mind, however, that this time with your children depends upon your family’s custody arrangement. Even if awarded joint custody (joint decision-making responsibility), one parent will have residential custody, meaning that the children will reside primarily with him or her. The other parent is referred to as...

Divorce inevitably triggers a host of questions, such as how the property will be divided, who will get to stay in the family home, who will have custody of the children, or will the ex-spouse be required to make alimony (spousal maintenance) payments. Additionally, if you stayed home during the marriage, a divorce may make you wonder if you will have to return to work after the divorce. For stay-at-home moms and stay-at-home dads, that last question is particularly worrisome,...

The Second Amendment to the U.S. Constitution gives American citizens the right to keep and bear arms. However, that right is not unconditional. Federal, state and local governments also have the right to regulate the use of firearms in accordance with public safety. Last year, after an appellate court ruled on the constitutional question, Illinois became the last state in the nation to enact concealed carry legislation. Under the new law, state residents may apply for concealed carry permits. Applicants...

When Illinois became the last state to pass concealed carry legislation, gun rights advocates cheered. Under the law that took effect in January, state residents may apply for concealed carry permits. Applicants must undergo a background check, and their permit requests must be approved by law enforcement. Gun control is a controversial issue and often incites heated debates. However, Second Amendment issues aside, there could be cause for concern with Illinois’s concealed carry law. Critics point to a major problem...

Police often rely on DNA evidence to help solve crimes, while prosecutors rely on it to hold alleged criminals accountable under the law. Some prosecutors, for example, will point to DNA evidence possibly linking those charged with first-degree murder to an alleged crime. DNA evidence can also exonerate someone wrongly accused or convicted of a crime, such as those who are convicted of rape. Rulings can be overturned after spending years in prison. Police first used DNA technology in their...

Driving is a privilege, not a right. Moreover, it is a privilege that comes attached with certain responsibilities, such as following the rules of the road. If a driver fails to live up to those responsibilities, or if a driver violates certain other areas of the law, his driving privileges can be suspended or revoked by the Illinois Secretary of State. A suspension is temporary; a revocation is permanent. “Permanent,” however, does not necessarily mean forever. It is usually possible...

Driving under the influence (DUI) is not only dangerous – it is also illegal and comes with serious repercussions. In fact, those repercussions can arise even without a conviction. Simply being charged with a DUI can be damaging. Under Illinois state law, law enforcement may suspend your driving privileges if you refuse to submit to or fail to complete a chemical test after an officer has determined you have surpassed the legal limit. This is called a statutory summary suspension (SSS)....

Child custody battles can be contentious–and expensive–especially if the parents are at odds and cannot agree on a custody arrangement. Unlike some states, Illinois does not presume that joint custody is best for the child. Instead, custody determinations are based on the best interest of the child, and what is best for one child might not be what is best for another. Here are some of the factors that a court will consider: The wishes of the parents; The wishes...

Illinois law requires state law enforcement to maintain accurate criminal and court records. This includes information pertaining to arrests, charges, court judgments, sentencing and corrections. Once that information is reflected in a criminal and/or court record (hereinafter referred to jointly as a criminal record), then it becomes part of the public record, which is available for consumption by everyone from law enforcement to potential employers to prospective spouses. The only way to remove that information from the public record is...

Before Jessica Biel married Justin Timberlake they reportedly signed a prenuptial agreement that included an “infidelity clause.” If he cheats on her, she—again, reportedly—will be compensated financially. It has become trendy to include such “lifestyle clauses” in prenuptial and postnuptial agreements, and not just among celebrity couples. A lifestyle clause typically sets behavior guidelines that come with a financial penalty if violated. For example, a couple might decide in advance who will do the housework or how often their in-laws...

You are being investigated for possible involvement in a crime. What should you do? You might be tempted to handle the situation yourself, but it can be risky to do so alone. Here are five reasons to consider hiring a criminal defense attorney: 1. We know your rights. Thanks to the entertainment industry, most Americans are aware that they have the right to remain silent, and that anything they say can be used against them in a court of law. But...

Recently, the Chicago Tribune police blotter detailed the arrest of multiple individuals who were subsequently charged with retail theft. The instances and merchandise involved may seem minor, but those charged may quickly realize that retail theft is a serious offense with criminal, civil, and economic consequences that should not be taken lightly. Those convicted of the theft crimes may suffer damaging consequences, not only legally, but in their professional careers. Many employers turn away applicants who have retail theft convictions,...

It is a bleak reality that an increasing number of marriages end in divorce. According to U.S. Census Bureau data, 2.4 million Americans divorced in 2012, continuing a three-year growth trend that experts attribute to an improving economy. That trend highlights difficult issues couples face when they decide to divorce, such as who gets what and who is going to raise the kids. Now that more Illinoisans have the right to marry, more Illinoisans also have the right to divorce,...