Posted on November 10,2015 in Divorce

When the current laws regarding divorce in Illinois were drafted, the focus seemed to be on making sure that a couple was certain about their decision to end the marriage. Even a divorce on the grounds of irreconcilable differences required a period of at least six months during which the spouses lived separate and apart before a divorce would be granted—and that was assuming both parties agreed to the divorce. As time has gone on, however, cultural views regarding marriage and divorce have begun to change significantly and, this past summer, amendments to the state’s divorce laws were passed that bring the statutes more in line with the needs of modern families.

Required Separations

Among the major changes to the existing divorce law approved by the Illinois legislature and signed by the Governor this year is the elimination of the mandatory separation period. Under the existing law, a person filing for divorce could be forced to wait up to two years if his or her spouse will not agree to the dissolution sooner. In the most amicable, uncontested situations, the required period of separation can be no less than six months.

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 Posted on November 05,2015 in Drug Crimes

After almost two years of bureaucratic delays, the wait for medical marijuana in Illinois may be coming to an end. According to regulatory officials, the first legal crop has been harvested, processed, and is ready to be tested. Growers and industry leaders expect that the state’s legal outlets for marijuana distribution, known as dispensaries, are expected to open their doors in the next two weeks, and qualified patients are optimistic that it will finally be happening.

Smaller-Scale Operation

When the medical marijuana pilot program gets off the ground, it will do so on a scale well below that of original estimates. So far, only six dispensaries have been granted license to begin operating in the state, far below the 60 companies which sought approval. The number of qualifying patients, as well, is much lower than initially anticipated. With expectations of around 100,000 registered medical marijuana patients, the actual number is currently at about 3,300. Efforts to expand the list of qualifying conditions have been blocked by Illinois Governor Bruce Rauner, who has expressed reluctance to make any changes to the program before it actually gets started.

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 Posted on November 03,2015 in Spousal Maintenance

Eight years. That is the average length of a marriage that ends in divorce in the United States and it is among the lowest of any country in the world. Following a divorce, state laws around the country provide that, in some cases, one spouse may need financial assistance from the other for a period of time to allow the disadvantaged party the opportunity to be self-sufficient. While spousal maintenance may seem like a reasonable option for situations involving marriages that lasted a long time, many individuals considering divorce often wonder if the same type of support may be available for shorter marriages. As with most aspects of divorce, the answer is a resounding “maybe.”

Deciding on Spousal Maintenance

No matter how long your marriage may have been, you have the right to request spousal maintenance in your divorce. Of course, it may not be granted, but there is nothing stopping you from seeking it. While the length of your marriage is a factor that the court will consider when making a decision, it is only one of many considerations. Others include the income and resources of each party, how your earning capacity was affected by your role in the marriage, how you contributed to your spouse’s career or earning capacity, your needs, those of your spouse, arrangements for your children, if any, and the likelihood and time needed for you to become self-sufficient. The court will also look at the standard of living created by the marriage and determine if you should be entitled to a maintenance award.

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 Posted on October 28,2015 in Search and Seizure

You have probably seen or heard about search warrants in movies or on television, but the way they are used in real life can be quite different. Search warrants give law enforcement permission from a court to search your property. Warrants can be issued that allow law enforcement to search your home, business, computers, car, cell phone, or any other property you may have.

When Are They Needed?

The U.S. Constitution and Illinois law protect you from unreasonable searches. This means that the police, or other law enforcement agency, must usually have your permission or a search warrant before entering your property to look for evidence of a crime.

If the police ask to come into your house to look around and you give them permission, they do not need a warrant. Anything they find can be used against you in court. However, if the police ask to search your house and you tell them they need a warrant, they cannot then search your house without first obtaining a search warrant from a judge, based on probable cause.

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 Posted on October 26,2015 in Stay-at-Home Dads

According to Professor Karen Kramer of the University of Illinois at Urbana-Champaign, in the 1970’s, less than ten American men identified as stay-at-home dads. Not less than ten percent. Less than ten men. In fact, according to Kramer’s research, the number may have been closer to six. In 2014, the number of stay-at-home dads was estimated to be around 1.9 million, not only a staggering difference from 40 years ago, but as much as 16 percent of all stay-at-home parents in the country. There are, of course, a number of factors that contribute to the evolution of stay-at-home parenting for men, including unemployment and disability, but many simply have the choice to be home with the children and seize the opportunity.

Defining a SAHD

The U.S. Census Bureau is normally responsible for gathering demographic information on stay-at-home caregivers, including stay-at-home moms, or SAHMs, and stay-at-home dads, or SAHDs. However, the Census Bureau does not include dads in same-sex relationships, single dads, or dads of children older than 15 as eligible for consideration as SAHD. The Pew Research Center, on the other hand, reviewed the census data while looking differently at the information. When considering any father at home with children 18 or younger in the same household, Pew found that nearly 2 million men are now stay-at-home dads, down slightly from the all-time high of 2.2 million men in 2010, at the end of the last recession.

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 Posted on October 21,2015 in Social Media and Divorce

In today’s world of viral photos, many images are shared and quickly forgotten. Some, however, leave a lasting impression, especially when that impression is one of love and caring. Such was the case with a series of candid wedding photos that made the rounds on social media outlets last month, which many have found to be a source of inspiration for children of divorced and remarried parents.

A Loving Surprise

One of the major challenges facing remarried couples and blended families is determining the roles that are appropriate for each parent and stepparent. This can be especially difficult when preparing for a major family event like a wedding. Even in the best of situations, stepparents may not be sure how to act or what to expect, and, due to their devotion to their stepchildren, are often willing to step aside and remain relatively unobtrusive.

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 Posted on October 16,2015 in Prostitution

Every few weeks, local headlines celebrate the success of another prostitution sting. Inevitably, the stories are similar: law enforcement officials went undercover, posing as prostitutes or “johns” to help clear the streets of sex-for-hire activities. While the average citizen may not think twice about such police action, if you have been arrested for prostitution or soliciting a prostitute, the manner in which the sting was conducted can have a drastic impact on outcome of your case. Many stings border on entrapment, and it important to understand exactly what that means.

What is Entrapment?

Under Illinois law, a person is not guilty of criminal activity if he or she was “incited or induced by a public officer or employee, or agent of either, for the purpose of obtaining evidence for the prosecution of that person.” Such inducement is called entrapment, and the law is meant to prevent law enforcement from convincing a person to commit a crime they would not have committed otherwise. Providing an opportunity to commit the crime, however, is not considered entrapment, and the part of law upon which prostitution stings typically rely.

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 Posted on October 14,2015 in Prenuptial Agreements

When many people think about a prenuptial agreement, the first thought that comes to mind is a wealthy, celebrity couple looking to protect their individual assets and property. Prenuptial agreements, sometimes called premarital agreements, are certainly useful in providing financial security in the event of a possible divorce, they do not have unlimited contractual powers. Before signing a prenuptial agreement, it is important to recognize some of things they cannot do.

They Cannot Be Too One-Sided

Provisions regarding the powers and limitations of prenuptial agreements are contained in the Illinois Uniform Premarital Agreement Act. While there are several possible reasons that an agreement could be found to be unenforceable, including coercion or deception, only one concerns the terms of the agreement itself. A prenuptial agreement will not be enforced if it is shown to be unconscionable. So what does that mean?

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 Posted on October 09,2015 in Illinois Criminal Defense Attorney

As the Chicago Blackhawks get set to open the 2015-2016 season this week, concern over illicit drug use around the National Hockey League is growing. The NHL, like most professional leagues, has strict testing and disciplinary guidelines in place regarding the use of steroids and other performance enhancing drugs (PEDs), but the rules are less defined in relationship to street and party drugs like cocaine and ecstasy.

Results of Random Testing

As part of the program to eliminate the use of PEDs, NHL players are subject to team-wide testing during training camp and once more during the season. Individuals may also be tested at random under the terms of the league's existing labor agreement. Some 2,400 test are collected each year, of which, about 800 are analyzed more closely for other illegal drugs. Over the last several years, these tests show that cocaine use among NHL players is again on the rise. While the NHL is certainly no stranger to drug issues, including cocaine, the league has made assurances that the situation is a point of focus going forward.

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 Posted on October 07,2015 in Divorce

The effects of you divorce are likely to be felt throughout many aspects of your life, often for years into the future. But did you know that that your divorce could continue to affect you and your loved ones even after your death? It could if you are not careful, anyway. Following your divorce, it is important to understand how ending your marriage may impact your plans for dividing your estate.

Enduring Contracts

In certain cases, the terms of your divorce agreement may require you to keep your ex-spouse as beneficiary for certain accounts or investments as a form of security for spousal maintenance or property division purposes. More often, however, you will be free to choose new beneficiaries so that your ex-spouse does not stand to collect money or assets that should be going to another family member. It is extremely important to make such changes directly with the investment company or life insurance carrier or else the contract you signed when you opened the account or began the policy may remain in effect, and could possibly take precedence over your divorce decree.

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