Posted on October 29, 2018 in Family Law

If you have a child and are going through a divorce, one thing you should understand is how the court determines custody. Overall, like any other state, the courts want to do what's in the child's best interests.

When thinking about what's best for the child, the judge also has to consider the parents' situations. Here are a few other facts about child custody in Illinois.

Judges have to consider many factors

To start with, judges have to look at factors such as a child's wishes and if either parent is an active member in the military. The judge also has the opportunity to hear from third-party witnesses and will look into each parent's willingness to work with the other parent.

If there is a history of abuse, trouble with addiction or other negatives, then the judge will consider these and weigh the risks to the child during the custody hearing.

Joint custody is preferred in Illinois

In Illinois, judges and courts typically award joint legal custody and potentially joint physical custody. The judges have to be cautious to look out for the best interests of the children and to make sure each parent has the appropriate living conditions to bring a child into the home.

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 Posted on October 25, 2018 in Criminal Defense

If you are addicted to drugs, it doesn't necessarily mean that you're out to harm other people. You may only want to do what you can to help yourself avoid withdrawal. If you have nowhere to turn, then it's the only lifestyle you know how to rely on.

This is something that courts are beginning to take into consideration. People who are addicted to drugs are not only harming others but also themselves. With assistance, it's possible to reduce the likelihood of further violations while also helping the individual get their life back.

Drug courts may consider helping you through addiction counseling or substance abuse treatment if you're a nonviolent offender. For instance, in two cases in Illinois, people were arrested for drug charges. One, 40, is accused of selling methamphetamine. Another, 50, is accused of selling cocaine.

In both cases, neither person was violent toward the police, and there were no weapons charges filed. As a result, these might be good candidates for a drug-court program. Illinois has many drug-court programs across the state. These may help people with drug addiction seek addiction treatment. They often help these individuals stay out of prison as they work toward bettering their own lives.

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 Posted on October 19, 2018 in Divorce

Going through a divorce doesn't have to be difficult, but more often than not, there are a few snags in the process that might cause disputes or delays. There are often financial concerns to worry about, which can weigh heavily on your mind.

There are several financial pitfalls of divorce. Here are three to consider before you make the leap into ending your marriage.

1. Not considering the best time for divorce

Not being prepared for divorce can affect you negatively in an instant. Divorces can be long processes, and you need to have your ducks in a row before moving forward. Think carefully before you begin the divorce. Consider what kinds of bonuses or extras your spouse may be receiving. Think about payments and extras you could receive just by staying married a little longer. Timing is everything.

2. Not saving enough before starting the process

Divorce can be expensive, so you need to save up before you file. The divorce itself will have fees, but you also have to consider how your finances will change if you have to move out or pay for bills on your own.

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 Posted on October 18, 2018 in Divorce

Only you and your spouse truly understand what led to your decision to divorce. If you've been married 10 years or more, you've likely encountered many relationship challenges and have perhaps overcome quite a few. There is no way to predict which marriages will stand the test of a lifetime and which will face issues that spouses determine they are unable to resolve.

Regardless of whether you were the one to file for divorce, you no doubt have been experiencing a wide range of emotions as you prepare to achieve a settlement. Divorce is never easy and can be emotionally traumatic on many levels. The stronger your support system, the better. This is especially true if you have children or are facing legal problems regarding custody, visitation or property division.

Ways to find closure

You can't undo time that has already passed; therefore, you will always have memories of your spouse and the years you spent together. The following list includes things other spouses say they had to let go in order to find emotional healing after divorce:

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 Posted on October 15, 2018 in Criminal Defense

With Halloween approaching, many people are looking forward to a night of fun, trick-or-treating or perhaps a few drinks and pranks. While All Hallow’s Eve can be a night of innocent fun and scares, it can quickly evolve into something more sinister.

Sometimes, it’s all too easy to take Halloween revelry a bit too far, resulting in civil or criminal consequences. The last thing that anyone wants on an evening of fun is to end up in jail. This Halloween, take caution to avoid these common crimes.

DUI or DWI

If your Halloween celebrations will involve alcohol, drink in moderation. Designate one of your friends as the sober driver. If your whole group will be drinking, hire a taxi or rideshare to drive you, or take public transportation.

Trespassing and breaking and entering

Halloween is full of treats—and some tricks. But if your tricks involve creeping onto someone else’s property, beware. The police may not find this prank too amusing. Make sure that you have permission to enter someone else’s property before trespassing.

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 Posted on October 10, 2018 in Family Law

Toddlers are small, and they often seem like they don't remember things from day to day. They may not seem as observant as they truly are, which is one of the reasons why some parents don't think it's important to explain a divorce to them.

The reality is that toddlers do feel the strain of changes in your relationship, but perhaps not in the way you do. They know when they have changes to their routines and when there is animosity in the air.

What can you do to help your child understand divorce?

It's always a good idea to talk to your child about divorce, even if it has to be very simple. For a child of 3 to 5, it would be wise to sit down with your spouse and nicely explain that mom and dad don't want to live together anymore. Say what will happen when you move to another home and what your child can expect in easy-to-understand terms.

You should give your child time to express themselves after you explain what will happen. This may come with tears, anger or other forms of outbursts. Keep in mind that young children have not yet developed the ways they can handle their emotions and may say or do things that adults would not. In a worst-case scenario, you could consider working with a professional if your child does not seem to be adjusting to the changes of the divorce. Working well with your child and spouse can help your divorce go smoother as you work through custody and property division issues.

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 Posted on October 02, 2018 in Criminal Defense

Fighting in your defense is an important part of your attorney's job. However, your attorney has other jobs, too. When you work with an attorney, your attorney listens to you and gets to know your story. Your attorney is there to guide you and make sure you know what steps to take to avoid penalties you don't deserve.

When you're working with your attorney, you should do all you can to make sure your attorney knows the full truth of your case. Nothing is worse than getting to court and learning about new facts involved in the case or about witnesses who weren't discussed before. Your attorney needs to know everything in order to protect you.

What does a defense attorney do?

Your defense attorney's job is not a simple one. First, your attorney needs to listen to your story and get to know the evidence that the prosecution has against you. It's also important to find out the charges that have been filed, if any, to be certain of how it could be lowered or eliminated. Your attorney would also know about possible alternative sentencing guidelines based on the charges as well.

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 Posted on September 26, 2018 in Divorce

If you have heard that divorce rates are declining, then you might think that is a good thing. However, just saying that divorce rates are declining isn't the whole story. In fact, while the divorce rate has dropped by around 18 percent between 2008 and 2016, that isn't actually accurate when you look at the whole picture.

Once you account for the rising age of people getting married in America, you find that the decline is actually only around 8 percent. That is still good, but the reality is that marriage rates are declining as well. One sociology professor put it bluntly: You have to get married to get divorced.

One of the reasons that divorces are happening less often is because college graduates are waiting longer to get married. By focusing on their careers and waiting longer to get married, they have financial independence and can wait for marriage until they are confident in their choices. When you are older, you are likely more mature and have a better job. Those things mean that you will have fewer arguments with your spouse.

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 Posted on September 21, 2018 in Criminal Defense

You committed a crime, and you can admit to your attorney that you did. You haven't admitted anything to police to protect yourself, and it's a good thing you haven't. Now, your attorney has more options.

In your case, you're facing charges based on evidence the police and prosecution believe they have. On the other hand, your attorney can benefit from the fact that you have not admitted to your crimes. This gives them the ability to work with your story and find a good defense tactic.

There are a few defensive techniques that could work in your case. For instance, your attorney may be able to find mistakes the prosecution has made or trouble with the evidence. These kinds of errors could result in charges being thrown out.

In the case that the evidence is condemning, it's still possible to defend yourself. It may just not be by stating innocence. Sometimes, admitting guilt but explaining your circumstances is enough to show that others would have done what you did given the same circumstances. Other times, it helps reduce penalties or lower charges, so you don't get penalties that you don't deserve.

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 Posted on September 13, 2018 in Family Law

As someone going through a divorce, your first concern is your children. You and your spouse had a volatile relationship. You aren't sure that they are a safe parent or that they should have custody of your children.

You want to make sure that a judge has all the information about your case before a custody hearing is made. Your spouse has refused to negotiate with you to come up with a parenting plan. They allege that they have the right to primary custody. You can't stand the thought of that happening.

What can you do to show your concerns about the other parent?

You should keep documentation that supports your claim. For example, if the other parent sends you violent text messages, you need to keep those and forward them to your attorney. You should also keep any voicemails, emails, letters or other forms of communication that show the kind of person the other parent is. If you are alleging that the other parent is manipulative or trying to blackmail you, then it is a good idea to have several documents showing the parent's behaviors.

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